Litigation and Contingencies Sample Clauses

Litigation and Contingencies. Unless prohibited by law, each Applicant and Guarantor is also required to disclose and provide information as to the occurrence of, within the five (5) years prior to the submission of the information to PJM (i) any litigation, arbitration, investigation (formal inquiry initiated by a governmental or regulatory entity), or proceeding, pending or, to the knowledge of the involving, Applicant or its Guarantor or any of their Principals that would likely have a material adverse impact on its financial condition and/or would likely materially affect the risk of non- payment by the Applicant or Guarantor, or (ii) any finding of material defalcation, market manipulation or fraud by or involving the Applicant, Guarantor, or any of their Principals, predecessors, subsidiaries, or Credit Affiliates that participate in any United States power markets based upon a final adjudication of regulatory and/or legal proceedings, (iii) any bankruptcy declarations or petitions by or against an Applicant and/or Guarantor, or (iv) any violation by any of the foregoing of any federal or state regulations or laws regarding energy commodities, U.S. Commodity Futures Trading Commission (“CFTC”) or FERC requirements, the rules of any exchange monitored by the National Futures Association, any self-regulatory organization or any other governing, regulatory, or standards body responsible for regulating activity in North American markets for electricity, natural gas or electricity-related commodity products. Each Applicant and Guarantor shall take reasonable measures to obtain permission to disclose information related to a non-public investigation. These disclosures shall be made by Applicant and Guarantor upon application, and within ten (10) Business Days of any material change with respect to any of the above matters.
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Litigation and Contingencies. Each Market Participant and/or Guarantor is required to disclose and provide information regarding litigation and contingencies as outlined in section II.A.5 above.
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Litigation and Contingencies. Except as disclosed on Schedule 4.10, no action, suit, investigation, claim or proceeding of any nature or kind whatsoever whether civil, criminal, or administrative, is pending or, to the knowledge of WTI or the Owners, threatened, against or affecting WTI or any of its assets or any of the WTI Membership Units. WTI does not have any pending litigation against any third party. Neither WTI nor the Owners are aware of any threatened litigation against WTI or any of its assets, nor are they aware of any facts or circumstances likely to give rise to any such litigation. When used in this Agreement, phrases similar to "to the knowledge of WTI and/or the Owners" shall mean to the actual knowledge of Xxxx Xxxxxxx, Xxxxxx Xxxxxxx and Xxxxxx Xxxxxxxx without inquiry or investigation.
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Litigation and Contingencies. No action, suit, investigation, claim or proceeding of any nature or kind whatsoever whether civil, criminal, or administrative, is pending or, to the knowledge of IPtimize, threatened, against or affecting IPtimize or any of its assets or any of the outstanding IPtimize Common Stock. IPtimize does not have any pending litigation against any third party. Except as set forth on Schedule 5.08, IPtimize is not aware of any threatened litigation against it (or the Subsidiary) or any of their assets, nor is it aware of any facts or circumstances likely to give rise to any such litigation.
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Litigation and Contingencies. Borrower shall provide written notice to the Lender within ten (10) days after becoming aware of any of the following: (i) any litigation against (or by) the Project where the aggregate exposure to the Borrower or the Project could exceed $50,000.00; and (ii) any actual or contingent liability that would reasonably be expected to exceed $50,000.00 in the aggregate with respect to the Project. Borrower agrees to indemnify and hold the Lender harmless from all loss, cost, damage and/or claim incurred by Lender in conjunction with any such litigation including, without limitation, reimbursement from the reasonable expenses of Bank’s counsel incurred evaluating the litigation and attending and preparing for depositions, to the extent Bank is named in such action.
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Litigation and Contingencies. There shall be no pending or threatened litigation or other proceedings or contingencies pursuant to contract or otherwise that Senexx xxxld reasonably determine to be material and adverse, relating to HarCor, its subsidiaries and their respective properties and assets, or the acquisition of HarCor Stock.
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Litigation and Contingencies. Except as set forth on Schedule "4" hereto, there is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officers, threatened against or affecting the Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect. Other than any liability incident to such litigation, arbitration or proceedings, the Borrower has no material contingent obligations with respect to any litigation, arbitration, governmental investigation, proceeding or inquiry not provided for or disclosed in the financial statements referred to in Section 5.4.
Sample 1
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Related to Litigation and Contingencies

  • Litigation and Contingent Liabilities No litigation (including derivative actions), arbitration proceeding or governmental investigation or proceeding is pending or, to the Company’s knowledge, threatened against any Loan Party which might reasonably be expected to have a Material Adverse Effect, except as set forth in Schedule 9.6. Other than any liability incident to such litigation or proceedings, no Loan Party has any material contingent liabilities not listed on Schedule 9.6 or permitted by Section 11.1.

  • Litigation Matters If the FDIC Party and the Assuming Institution do not agree to submit the Dispute Item to arbitration, the Dispute Item may be resolved by litigation in accordance with Federal or state law, as provided in Section 13.10 of the Purchase and Assumption Agreement. Any litigation shall be filed in a United States District Court in the proper district.

  • Contingencies (Choose and initial all the contingencies the Parties agree to.)

  • Litigation and Contingent Obligations There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officers, threatened against or affecting the Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

  • Litigation and Claims No litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower’s financial condition or properties, other than litigation, claims, or other events, if any, that have been disclosed to and acknowledged by Lender in writing.

  • Notice of Default, Litigation and ERISA Matters Promptly upon becoming aware of any of the following, written notice describing the same and the steps being taken by the Company or the Subsidiary affected thereby with respect thereto:

  • Litigation and Pending Proceedings Except as set forth in the First Merchants Disclosure Letter, there are no claims of any kind, nor any action, suits, proceedings, arbitrations or investigations pending or to the knowledge of First Merchants’ Management threatened in any court or before any government agency or body, arbitration panel or otherwise (nor does First Merchants’ Management have any knowledge of a basis for any claim, action, suit, proceeding, arbitration or investigation) which could be reasonably expected to have a Material Adverse Effect. To the knowledge of First Merchants’ Management, there are no material uncured violations, criticisms or exceptions, or violations with respect to which material refunds or restitutions may be required, cited in any report, correspondence or other communication to First Merchants as a result of an examination by any regulatory agency or body.

  • Litigation and Compliance There is no action, suit, investigation, litigation or proceeding against such Legal Entity pending or threatened before any court, governmental agency or arbitrator that challenges, or would reasonably be expected to have a material adverse effect on, the legality, validity or enforceability of this Agreement.

  • Litigation and Related Matters The commencement of, or any material development in, any action, suit, proceeding or investigation affecting the Borrower or any of its Subsidiaries or any of their respective properties before any arbitrator or Governmental Authority, (i) in which the amount involved that the Borrower reasonably determines is not covered by insurance or other indemnity arrangement is $50,000,000 or more, (ii) with respect to any Document or any material Indebtedness or preferred stock of the Borrower or any of its Subsidiaries or (iii) which, if determined adversely to the Borrower or any of its Subsidiaries, could reasonably be expected to have a Material Adverse Effect.

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