Common use of Litigation; Adverse Facts Clause in Contracts

Litigation; Adverse Facts. There are no judgments outstanding against any Borrower Party, or affecting any of the Sites or any property of any Borrowers, nor to the Borrowers’ Knowledge after due inquiry is there any action, charge, claim, demand, suit, proceeding, petition, governmental investigation or arbitration now pending or threatened against any Borrower Party or any of the Sites that could, in the aggregate, reasonably be expected to result in a Material Adverse Effect.

Appears in 3 contracts

Samples: Loan and Security Agreement (Sba Communications Corp), Loan and Security Agreement (American Tower Corp /Ma/), Loan and Security Agreement (Sba Communications Corp)

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Litigation; Adverse Facts. There Except as set forth on SCHEDULE 4.9, there are no judgments outstanding against any Borrower Party, or affecting any of the Sites Properties or any property of any BorrowersBorrower, nor to the Borrowers’ Borrower's Knowledge after due inquiry is there any action, charge, claim, demand, suit, proceeding, petition, governmental investigation or arbitration now pending or threatened against any Borrower Party or any of the Sites Properties that could, in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Global Signal Inc), Loan and Security Agreement (Global Signal Inc)

Litigation; Adverse Facts. There are no judgments outstanding against any Borrower Party, or affecting any of the Sites or any property of any Borrowers, nor to the Borrowers’ Knowledge after due inquiry is there any action, charge, claim, demand, suit, proceeding, petition, governmental investigation or arbitration now pending or threatened against any Borrower Party or any of the Sites that could, in the aggregate, reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (American Tower Corp /Ma/), Loan and Security Agreement (American Tower Corp /Ma/)

Litigation; Adverse Facts. There are no judgments outstanding against any Borrower Party, or affecting any of the Sites Properties or any property of any BorrowersBorrower Party, nor to the Borrowers’ Knowledge after due inquiry is there any action, charge, claim, demand, suit, proceeding, petition, governmental investigation or arbitration now pending or or, to any Borrower’s knowledge after due inquiry, threatened against any Borrower Party or affecting any of the Sites that could, in the aggregate, reasonably be expected to result in a Material Adverse EffectProperties.

Appears in 2 contracts

Samples: Loan and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.), Loan and Security Agreement (Lightstone Value Plus Real Estate Investment Trust, Inc.)

Litigation; Adverse Facts. There Except as set forth on Schedule 4.9, there are no judgments outstanding against any Borrower Party, or affecting any of the Sites Properties or any property of any BorrowersBorrower, nor to the Borrowers’ Borrower's Knowledge after due inquiry is there any action, charge, claim, demand, suit, proceeding, petition, governmental investigation or arbitration now pending or threatened against any Borrower Party or any of the Sites Properties that could, in the aggregate, could reasonably be expected to result in a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan and Security Agreement (Global Signal Inc), Loan and Security Agreement (Global Signal Inc)

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Litigation; Adverse Facts. There are no judgments outstanding against any Borrower Party, or affecting any of the Sites Property or any property of any BorrowersBorrower Party, nor to the Borrowers’ Knowledge after due inquiry is there any action, charge, claim, demand, suit, proceeding, petition, governmental investigation or arbitration now pending or or, to Borrower’s knowledge after due inquiry, threatened against any Borrower Party or any of affecting the Sites that could, in the aggregate, reasonably be expected to result in a Material Adverse EffectProperty.

Appears in 1 contract

Samples: Loan and Security Agreement (Investors Real Estate Trust)

Litigation; Adverse Facts. There are no judgments outstanding against any Borrower Party, or affecting any of the Sites Properties or any property of any BorrowersBorrower Party, nor to the Borrowers’ Knowledge after due inquiry is there any action, charge, claim, demand, suit, proceeding, petition, governmental investigation or arbitration now pending or or, to Borrowers' knowledge after due inquiry, threatened against any Borrower Party or any of affecting the Sites that could, in the aggregate, reasonably be expected to result in a Material Adverse EffectProperties.

Appears in 1 contract

Samples: Loan and Security Agreement (Education Realty Trust, Inc.)

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