Common use of Judgments, Actions, Proceedings Clause in Contracts

Judgments, Actions, Proceedings. Except as set forth on Schedule 3.6 hereto, there are no outstanding judgments, investigations, actions or proceedings, including, without limitation, any Environmental Proceeding, pending before any court or governmental authority, bureau or agency, with respect to or, to the best of each Borrower's knowledge, threatened against or affecting such Borrower or any of its assets involving, in the case of any court proceeding, a claim in excess of Two Hundred Fifty Thousand ($250,000) Dollars, nor, to the best of each Borrower's knowledge, is there any reasonable basis for the institution of any such action or proceeding that is probable of assertion, nor are there any pending actions or proceedings in which any Borrower is a plaintiff or complainant.

Appears in 2 contracts

Samples: Loan Agreement (Health Care Reit Inc /De/), Loan Agreement (Health Care Reit Inc /De/)

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Judgments, Actions, Proceedings. Except as set forth on Schedule 3.6 Exhibit D annexed hereto, there are no outstanding judgments, investigations, actions or proceedings, including, without limitation, any Environmental Proceeding, pending before any court or governmental authority, bureau or agency, with respect to or, to the best of each the Borrower's knowledge, threatened against or affecting such Borrower or any of its assets Borrower, involving, in the case of any court proceeding, a claim or claims in excess of Two Hundred Fifty Thousand ($250,000) Dollars100,000.00 in the aggregate, nor, to the best of each Borrower's knowledge, is there any reasonable basis for the institution of any such action or proceeding that which is probable of assertion, nor are there any pending such actions or proceedings in which any Borrower is a plaintiff or complainant.

Appears in 2 contracts

Samples: Loan Agreement (A C Moore Arts & Crafts Inc), Loan Agreement (A C Moore Arts & Crafts Inc)

Judgments, Actions, Proceedings. Except as set forth on Schedule 3.6 hereto, there are no outstanding judgments, investigations, actions or proceedings, including, without limitation, any Environmental Proceeding, pending before any court or governmental authority, bureau or agency, with respect to or, to the best of each Borrower's knowledge, threatened against or affecting such Borrower or any of its assets involving, in the case of any court proceeding, a claim in excess of Two Hundred Fifty Thousand ($250,000) Dollars, nor, to the best of each Borrower's knowledge, is there any reasonable basis for the institution of any such action or proceeding that is probable of assertion, nor are there any pending such actions or proceedings in which any Borrower is a plaintiff or complainant.

Appears in 2 contracts

Samples: Loan Agreement (Health Care Reit Inc /De/), Loan Agreement (Health Care Reit Inc /De/)

Judgments, Actions, Proceedings. Except as set forth on Schedule 3.6 Exhibit F hereto, there are no outstanding judgments, investigations, actions or proceedings, including, without limitation, any Environmental Proceeding, pending before any court or governmental authority, bureau or agency, with respect to or, to the best of each the Borrower's knowledge, threatened against or affecting such the Borrower or any of its assets other Loan Party, involving, in the case of any court proceeding or threatened court proceeding, a claim in excess of Two Hundred Fifty Thousand ($250,000) Dollars100,000, nor, to the best of each the Borrower's knowledge, is there any reasonable basis for the institution of any such action or proceeding that is probable of assertion, nor are there any pending such actions or proceedings in which the Borrower or any Borrower other Loan Party is a plaintiff or complainant.

Appears in 2 contracts

Samples: Loan Agreement (G Iii Apparel Group LTD /De/), Loan Agreement (G Iii Apparel Group LTD /De/)

Judgments, Actions, Proceedings. Except as set forth on Schedule 3.6 Exhibit E hereto, there are no outstanding judgments, investigations, actions or proceedings, including, without limitation, any Environmental Proceeding, pending before any court or governmental authority, bureau or agency, with respect to or, to the best of each Borrower's knowledge, threatened against or affecting such either Borrower or any of its assets involvingSubsidiary that would, if adversely determined, in the case of any action or court proceeding, have a claim in excess of Two Hundred Fifty Thousand ($250,000) DollarsMaterial Adverse Effect, nor, to the best of each Borrower's knowledge, is there any reasonable basis for the institution of any such material action or proceeding that is probable of assertion, nor are there any pending such actions or proceedings in which either Borrower or any Borrower Subsidiary is a plaintiff or complainant.

Appears in 1 contract

Samples: Loan Agreement (Griffon Corp)

Judgments, Actions, Proceedings. Except as set forth on Schedule 3.6 7.8 hereto, there are no outstanding judgments, investigations, actions or proceedings, including, without limitation, any Environmental Proceeding, pending before any court or governmental authority, bureau or agency, with respect to or, to the best of each Borrower's knowledge, threatened against or affecting such Borrower or any of its assets involving, in the case of any court proceeding, a claim in excess of Two Hundred Fifty Thousand ($250,000) Dollars, nor, to the best of each Borrower's knowledge, is there any reasonable basis for the institution of any such action or proceeding that is probable of assertion, nor are there any pending such actions or proceedings in which any Borrower is a plaintiff or complainant.

Appears in 1 contract

Samples: Credit Agreement (Health Care Reit Inc /De/)

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Judgments, Actions, Proceedings. Except as set forth on Schedule 3.6 Exhibit E hereto, there are no outstanding judgments, investigations, actions or proceedings, including, without limitation, any Environmental Proceeding, pending before any court or governmental authority, bureau or agency, with respect to or, to the best of each the Borrower's knowledge, threatened against or affecting such the Borrower or any of its assets involvingSubsidiary that would, if adversely determined, in the case of any action or court proceeding, have a claim in excess of Two Hundred Fifty Thousand ($250,000) DollarsMaterial Adverse Effect, nor, to the best of each the Borrower's knowledge, is there any reasonable basis for the institution of any such material action or proceeding that is probable of assertion, nor are there any pending such actions or proceedings in which the Borrower or any Borrower Subsidiary is a plaintiff or complainant.

Appears in 1 contract

Samples: Loan Agreement (Griffon Corp)

Judgments, Actions, Proceedings. Except as set forth on Schedule 3.6 hereto, there are no outstanding judgments, investigations, actions or proceedings, including, without limitation, any Environmental Proceeding, pending before any court or governmental authority, bureau or agency, with respect to or, to the best of each Borrower's ’s knowledge, threatened against or affecting such Borrower or any of its assets involving, in the case of any court proceeding, a claim in excess of Two Hundred Fifty Thousand ($250,000) Dollars, nor, to the best of each Borrower's ’s knowledge, is there any reasonable basis for the institution of any such action or proceeding that is probable of assertion, nor are there any pending actions or proceedings in which any Borrower is a plaintiff or complainant.

Appears in 1 contract

Samples: Loan Agreement (Health Care Reit Inc /De/)

Judgments, Actions, Proceedings. Except as set forth on Schedule 3.6 Exhibit E hereto, there are no outstanding judgments, investigations, actions or proceedings, including, without limitation, any Environmental Proceeding, pending before any court or governmental authority, bureau or agency, with respect to or, to the best of each the Borrower's knowledge, threatened against or affecting such the Borrower or any of its assets Subsidiary involving, in the case of any court proceeding, a claim in excess of Two Hundred Fifty Thousand ($250,000) Dollars200,000, nor, to the best of each the Borrower's knowledge, is there any reasonable basis for the institution of any such material action or proceeding that is probable of assertion, nor are there any pending such actions or proceedings in which the Borrower or any Borrower Subsidiary is a plaintiff or complainant.

Appears in 1 contract

Samples: Loan Agreement (Griffon Corp)

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