Common use of Judgments and Proceedings Clause in Contracts

Judgments and Proceedings. Except as set forth in Schedule 4.11, there is no outstanding Judgment against or affecting the Assets. Except as set forth in Schedule 4.11, there is no Proceeding pending, or to the knowledge of Seller, threatened, against or affecting any of the Assets or the Business and Seller does not know nor has reasonable grounds to know of any basis for any such Proceeding. True and correct copies of all complaints, pleadings, petitions, notices, motions and other papers filed in connection with the Proceedings listed in Schedule 4.11 have been delivered to Buyer. Except as set forth and specifically identified in Schedule 4.11, there are no Proceedings pending or, to the knowledge of Seller, threatened, or any contingent liability, which would give rise to any right of indemnification on the part of any officer, director, employee or agent of Seller or its heirs, executors or administrators thereof against Seller or any successor. Except as set forth in Schedule 4.11, to Seller’s knowledge, no breach of contract, tort, or other Claim relating to the Business has been asserted by any Person against Seller, nor to the knowledge of Seller, has there been any occurrence which could give rise to such a Claim, and no breach of contract claim has been asserted by Seller against any Person, nor, to the knowledge of Seller, has there been any occurrence which could give rise to such Claim, with regard to the Specified Contracts.

Judgments and Proceedings. Except as set forth in Schedule 4.11, there is no outstanding Judgment against or affecting the Assets. Except as set forth in Schedule 4.11, there is no Proceeding pending, or to the knowledge of Seller’s Actual Knowledge, threatened, against or affecting any of the Assets or the Business and Seller does not know nor has reasonable grounds to know of any basis for any such ProceedingBusiness. True and correct copies of all complaints, pleadings, petitions, notices, motions and other papers filed in connection with the Proceedings listed in Schedule 4.11 have been delivered or made available to Buyer. Except as set forth and specifically identified in Schedule 4.11, there are no Proceedings pending or, to the knowledge of Seller’s Actual Knowledge, threatened, or any contingent liability, which would give rise to any right of indemnification on the part of any officer, director, employee or agent of Seller or its heirs, executors or administrators thereof against Seller or any successor. Except as set forth and specifically identified in Schedule 4.11, to Seller’s knowledge, no breach of contract, tort, or other Claim relating to claim (whether arising from the Business or Seller’s operations or otherwise) has been asserted or, to Seller’s Actual Knowledge, is capable of assertion, by any Person against Seller, nor nor, to the knowledge of Seller’s Actual Knowledge, has there been any occurrence which could give rise to such a Claimclaim, and no breach of contract claim has been asserted by Seller against any Person, nor, to the knowledge of Seller’s Actual Knowledge, has there been any occurrence which could give rise to such Claimclaim, with regard to the Specified Contracts.

Judgments and Proceedings. Except as set forth in Schedule 4.114.10, there is no outstanding Judgment against or affecting the AssetsPurchased Assets or the Business. Except as set forth in Schedule 4.114.10, there is no Proceeding pending, or to the knowledge best of Seller’s, Knowledge, threatened, against or affecting any of Seller’s Properties, assets, Business, operations, and the Assets or the Business Seller has no Knowledge of and Seller does not know nor has no reasonable grounds to know of any basis for any such Proceeding. True and correct copies of all complaints, pleadings, petitions, notices, motions and other papers filed in connection with the any Proceedings listed in Schedule 4.11 4.10 have been delivered to Buyer. Except as set forth and specifically identified in Schedule 4.114.10, there are no Proceedings pending or, to the knowledge best of Seller’s Knowledge, threatened, or any contingent liability, which would give rise to any right of indemnification on the part of any officer, director, employee or agent of Seller or its heirs, executors or administrators thereof against Seller or any successor. Except as set forth and specifically identified in Schedule 4.11, to Seller’s knowledge4.10, no material breach of contract, tort, negligence, infringement, product liability, discrimination, wrongful discharge or other Claim relating to the Business claim (whether arising from Seller’s business operations or otherwise) has been asserted or, to the best of Seller’s Knowledge, is capable of assertion, by any Person against Seller, nor to the knowledge of Seller, has there been any occurrence which could give rise to such a Claimclaim, and no breach of contract claim has been asserted by Seller against any Person, nor, to the knowledge of Seller, nor has there been any occurrence which could give rise to such Claimclaim, with regard to the Specified Assumed Contracts.

Judgments and Proceedings. Except as set forth in Schedule 4.113.11, there is no outstanding Judgment against the Company or any Subsidiary of the Company or against or affecting any of the AssetsAssets or operations or prospects of the Business. Except as set forth in Schedule 4.113.11, there is no Proceeding pending, or to the knowledge of SellerCompany's Knowledge, threatened, against the Company or any Subsidiary of the Company or against or affecting any of the Business, its Assets or operations, and the Business and Seller Company does not know nor has or have reasonable grounds to know of any basis for any such Proceeding. True and correct copies of all complaints, pleadings, petitions, notices, motions and other papers filed in connection with the Proceedings listed in Schedule 4.11 3.11 have been or will be within ten days after the date hereof delivered to BuyerNCO. Schedule 3.11 also includes a true and correct list of all open workmen's compensation claims. Except as set forth and specifically identified in Schedule 4.113.11, there are no Proceedings pending or, to the knowledge of SellerCompany's Knowledge, threatened, or any contingent liability, which would give rise to any right of indemnification on the part of any officer, director, employee or agent of Seller the Company or its any Subsidiary of the Company, or heirs, executors or administrators thereof against Seller the Company or any Subsidiary of the Company or any successor. Except as set forth in Schedule 4.11, to Seller’s knowledge3.11, no breach of contract, tort, tort or other Claim relating to claim (whether arising from the operations of the Business or otherwise) has been asserted by any Person against Selleror, nor to the knowledge of SellerCompany's Knowledge, no event has there been any occurrence occurred which could reasonably be expected to give rise to such a Claim, and no breach of contract claim has been asserted by Seller against any Person, nor, to the knowledge of Seller, has there been any occurrence which could give rise to such Claim, with regard to the Specified Contractsclaim.