General Litigation Sample Clauses

General Litigation. Except as disclosed on Schedule 4.6 hereto, there are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any of their properties before any court or arbitrator, or any Governmental Authority which has had, or, if determined adversely to the Company or such Subsidiary, would have, a material adverse effect on the business, operations, property or condition (financial or otherwise) of the Company and the Subsidiaries taken as a whole or on the ability of the Company to perform its obligations under any Loan Document.

General Litigation. The Company shall have the sole right, at the Company's sole cost and expense (subject to the indemnification provisions in Sections 9 below), to bring, respond to, control and/or settle all litigation with respect to the U.S. Patent, Purchased Technology and the Intellectual Property Rights in its own name or in the name of Global. Global shall cooperate with and provide such assistance to the Company in connection with any such claims. As part of such cooperation, the Company may join or include Global, as a party. Global shall have the right to receive, from time to time, full and complete information from the Company concerning the status of any such litigation, and, at Global's own expense, the right to be represented therein by counsel in an advisory capacity. If the Company initiates litigation pursuant to this Section 5.1, it shall have the right to retain any recovery or settlement therefrom. 6/18/03

General Litigation. There are no actions, suits or other proceedings by any person, firm, corporation, Tenant, or by any governmental authority now pending or to the Seller's knowledge, information, and belief, threatened against or affecting the LLC, the Centers or any part thereof, or Seller's interest in the Centers or any part thereof, except those which are described on Schedule 10(j), nor to Seller's knowledge, are there any investigations pending or threatened against or affecting the LLC, the Centers, or Seller's interest in the Centers, except those which are described on Schedule 10(j). Neither Seller nor the LLC has commenced any action, suit, or proceeding against any person or party, including, without limitation, any Tenant, relating to or affecting any of the Centers, except those which are described on Schedule 10(j).

General Litigation. (a) The absence of any action, suit, or proceeding pending before any court or quasi-judicial or administrative agency of any federal, state, local, or foreign jurisdiction or before any arbitrator wherein an unfavorable injunction, judgment, order, decree, ruling, or charge would (i) prevent consummation of any of the transactions contemplated by the Definitive Agreements, or (ii) cause any of the LOI-DAVI▇ ▇▇▇▇▇ & ▇HYSICIANS RESOURCE GROUP 5 Physicians Resource Group, Inc. July 25, 1998 Page 5 of 9 transactions contemplated by the Definitive Agreements to be rescinded following consummation, (b) no such injunction, judgment, order, decree, ruling, or charge shall be in effect, and (c) no written notice of the initiation of any such action, suit or proceeding shall have been received by PRG.

General Litigation. 17 Section 7.03 Employment Related Claims..................................18 Section 7.04 Cooperation................................................18

General Litigation. (a) The absence of any action, suit, or proceeding pending before any court or quasi-judicial or administrative agency of any federal, state, local, or foreign jurisdiction or before any arbitrator wherein an unfavorable injunction, judgment, order, decree, ruling, or charge would (i) prevent consummation of any of the transactions contemplated by the Definitive Agreements, or (ii) cause any of the transactions contemplated by the Definitive Agreements to be rescinded following consummation, (b) no such injunction, judgment, order, decree, ruling, or charge shall be in effect, and (c) no written notice of the initiation of any such action, suit or proceeding shall have been received by PRG.

General Litigation. Except as disclosed on Schedule 4.6 hereto, there are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary or any of their properties before any court or arbitrator, or any Governmental Authority which has had, or, if determined adversely to the Company or such Subsidiary, would have, a material adverse effect on the business, operations, property or condition (financial or otherwise) of the Company and the Subsidiaries taken as a whole or on the ability of the Company to perform its obligations under any Loan Document. 4.6(b) Litigation Affecting this Agreement. There are no actions, suits, arbitrations, investigations or proceedings pending or, to its knowledge, threatened against the Company before any Governmental Authority or the NYSE or any other stock or securities or commodities exchange which questions the validity or enforceability of this Agreement or any action to be taken in connection with the transactions contemplated hereby.

General Litigation. Either Party (for the purpose of this paragraph, an “Indemnifying Party”) will defend and indemnify the other Party (an “Indemnified Party”) for any settlement or final judgment that arises out of a claim or suit by third parties to the extent that such claim or suit is based on an action for negligent acts or omissions of the Indemnifying Party. An Indemnifying Party’s obligation to indemnify will be reduced to the extent that the settlement or judgment is attributable to the actions of the Indemnified Party. The Indemnified Party will give the Indemnifying Party prompt notification of any claim or suit and will co-operate in the defence or settlement thereof. The Indemnifying Party will be responsible for all attorney’s fees and costs incurred in defending or settling any claim or suit. In no event will the liability of an Indemnifying Party under this Article exceed $250,000 (U.S.) (inclusive of legal fees).