Common use of Legal Restraints/Litigation Clause in Contracts

Legal Restraints/Litigation. As of the Closing Date, there shall be no: (x) litigation, investigation or proceeding (judicial or administrative) pending or, to the knowledge of the Companies, threatened against the Companies or the Guarantors or their assets, by any agency, division or department of any county, city, state or federal government arising out of this Financing Agreement; (y) injunction, writ or restraining order restraining or prohibiting the financing arrangements contemplated under this Financing Agreement; or (z) suit, action, investigation or proceeding (judicial or administrative) pending against the Companies or the Guarantors or their assets, which, in the opinion of the Lender, if adversely determined, could reasonably be expected to have a material adverse effect on the business, operation, assets, financial condition or Collateral of the Companies and/or the Guarantors.

Appears in 2 contracts

Samples: Factoring and Financing Agreement (Chaus Bernard Inc), Factoring and Financing Agreement (Chaus Bernard Inc)

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Legal Restraints/Litigation. As of the Closing Date, there shall be no: (x) litigation, investigation or proceeding (judicial or administrative) pending or, to the knowledge of the Companies, or threatened against the Companies Company or the Guarantors Guarantor or their assets, by any agency, division or department of any county, city, state or federal government arising out of this First Amended and Restated Financing Agreement; (y) injunction, writ or restraining order restraining or prohibiting the financing arrangements contemplated under this First Amended and Restated Financing Agreement; or (z) suit, action, investigation or proceeding (judicial or administrative) pending against the Companies Company or the Guarantors Guarantor or their assets, which, in the opinion of the LenderCIT, if adversely determined, could reasonably be expected to have a material adverse effect on the business, operation, assets, financial condition or Collateral of the Companies Company and/or the GuarantorsGuarantor.

Appears in 1 contract

Samples: Financing Agreement (Pharmaceutical Formulations Inc)

Legal Restraints/Litigation. As Except as provided in Schedule 2(i), as of the Closing Date, there shall be no: (x) litigation, investigation or proceeding (judicial or administrative) pending or, to the knowledge of or threatened against the Companies, threatened against the Companies or any one of them or the Guarantors or their assets, by any agency, division or department of any county, city, state or federal government arising out of this Financing Agreement; (y) injunction, writ or restraining order restraining or prohibiting the financing arrangements contemplated under this Financing Agreement; or (z) suit, action, investigation or proceeding (judicial or administrative) pending against the Companies Companies, or any one of them, or the Guarantors or their assets, which, in the opinion of the LenderCIT, if adversely determined, could reasonably be expected to have a material adverse effect on the business, operation, assets, financial condition or Collateral of the Companies Companies, or any one of them, and/or the Guarantors.

Appears in 1 contract

Samples: Financing Agreement (HCC Industries Inc /De/)

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Legal Restraints/Litigation. As of the Closing Date, there shall be no: no (x) litigation, investigation or proceeding (judicial or administrative) pending or, to the knowledge of the Companies, or threatened against the Companies or any one of them, or the Guarantors or their assets, by any agency, division or department of any county, city, state or federal government arising out of this Financing Agreement; (y) injunction, writ or restraining order restraining or prohibiting the financing arrangements contemplated under this Financing Agreement; or (z) suit, action, investigation or proceeding (judicial or administrative) pending against the Companies or any one of them or the Guarantors or their assets, which, in the opinion of the LenderCIT, if adversely determined, could reasonably be expected to have a material adverse effect on the business, operation, assets, financial condition or Collateral of the Companies or any one of them and/or the Guarantors.

Appears in 1 contract

Samples: Suretyship Agreement (Hall Kinion & Associates Inc)

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