Common use of Litigation; Commercial Tort Claims Clause in Contracts

Litigation; Commercial Tort Claims. Except as set forth in Schedule 6.01(f), (i) there is no pending or, to the best knowledge of any Loan Party, threatened action, suit or proceeding affecting any Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, could reasonably be expected to have a Material Adverse Effect or (B) relates to this Agreement or any other Loan Document or any transaction contemplated hereby or thereby and (ii) as of the Restatement Effective Date, none of the Loan Parties holds any commercial tort claims with potential value in excess of $250,000 in respect of which a claim has been filed in a court of law or a written notice by an attorney has been given to a potential defendant.

Appears in 2 contracts

Samples: Financing Agreement (Motorcar Parts America Inc), Financing Agreement (Motorcar Parts America Inc)

AutoNDA by SimpleDocs

Litigation; Commercial Tort Claims. Except as set forth in Schedule 6.01(f), (i) there is no pending or, to the best knowledge of any Loan Party, threatened action, suit or proceeding affecting any Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect or (B) relates to this Agreement Agreement, the Revolving Notes or any other Loan Document or any transaction contemplated hereby or thereby and (ii) as of the Restatement Effective Date, none of the Loan Parties holds any commercial tort claims with potential value in excess of claim for more than $250,000 50,000 in respect of which a claim has been filed in a court of law or a written notice by an attorney has been given to a potential defendant.

Appears in 2 contracts

Samples: Financing Agreement (Frederick's of Hollywood Group Inc /Ny/), Financing Agreement (Movie Star Inc /Ny/)

Litigation; Commercial Tort Claims. Except as set forth in Schedule 6.01(f), (i) there is no pending or, to the best knowledge of any Loan Party, threatened action, suit or proceeding affecting any Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, could reasonably be expected to have a Material Adverse Effect or (B) relates to this Agreement or any other Loan Document or any transaction contemplated hereby or thereby and (ii) as of the Restatement Effective Date, none of the Loan Parties holds any commercial tort claims with potential value in excess of $250,000 in respect of which a claim has been filed in a court of law or a written notice by an attorney has been given to a potential defendant.

Appears in 2 contracts

Samples: Financing Agreement (Motorcar Parts America Inc), Financing Agreement (Motorcar Parts America Inc)

Litigation; Commercial Tort Claims. Except as set forth in Schedule 6.01(f)6.6, (i) there is no pending or, to the best knowledge of any Loan Credit Party, threatened action, suit or proceeding affecting any Loan Credit Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect or (B) relates to this Agreement Agreement, the Notes or any other Loan Credit Document or any transaction contemplated hereby or thereby and (ii) as of the Restatement Effective Closing Date, none of the Loan Credit Parties holds any commercial tort claims with potential value in excess of claim for more than $250,000 50,000 in respect of which a claim has been filed in a court of law or a written notice by an attorney has been given to a potential defendant.

Appears in 1 contract

Samples: Revolving Intercreditor Agreement (Frederick's of Hollywood Group Inc /Ny/)

AutoNDA by SimpleDocs

Litigation; Commercial Tort Claims. Except as set forth in Schedule 6.01(f5.01(f), (i) there is no pending or, to the best knowledge of any Loan Party, threatened action, suit or proceeding affecting any Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect or (B) relates to this Agreement Agreement, the Note or any other Loan Document or any transaction contemplated hereby or thereby and (ii) as of the Restatement Effective Date, none of the Loan Parties holds any commercial tort claims with potential value in excess of claim for more than $250,000 50,000 in respect of which a claim has been filed in a court of law or a written notice by an attorney has been given to a potential defendant.

Appears in 1 contract

Samples: Financing Agreement (Frederick's of Hollywood Group Inc /Ny/)

Litigation; Commercial Tort Claims. Except as set forth in Schedule 6.01(f), (i) there is no pending or, to the best knowledge of any Loan Party, threatened written threat of any action, suit or proceeding affecting any Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, could reasonably be expected to have result in a Material Adverse Effect or (B) relates to this Agreement or any other Loan Document or any transaction contemplated hereby or thereby and (ii) as of the Restatement Effective Date, none of the Loan Parties holds any commercial tort claims with potential value involving a claim in excess of $250,000 in respect of which a claim has been filed in a court of law or a written notice by an attorney has been given to a potential defendant.

Appears in 1 contract

Samples: Financing Agreement (Dice Holdings, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.