Litigation; Default. There are no claims, actions, suits, investigations or proceedings against such Constituent Company pending or, to the Knowledge of such Constituent Company, threatened in any court or before or by any Governmental Authority, or before any arbitrator, other than worker’s compensation claims that are covered by such Constituent Company’s self insurance arrangement.
Litigation; Default. Any litigation is filed against the Borrower or any Guarantor which has caused or could reasonably be expected to cause a Material Adverse Change and such litigation is not withdrawn or dismissed within thirty (30) calendar days of the filing thereof.
Litigation; Default. There are no claims, actions, suits, investigations or proceedings against ELS ESI pending or, to the Knowledge of ELS ESI, threatened in any court or before or by any Governmental Authority, or before any arbitrator, other than worker’s compensation claims that are covered by ELS ESI’s self insurance arrangement.
Litigation; Default. Except as disclosed in Schedule 3.15, there are no claims, actions, suits, investigations or proceedings against any Company pending or, to the Knowledge of the Shareholders, threatened in any court or before or by any Governmental Authority, or before any arbitrator, other than worker’s compensation claims that are covered by a Company’s self insurance arrangement.
Litigation; Default. Except as otherwise set forth in SCHEDULE 3.06, there are no claims, actions, suits, investigations or proceedings against the Seller pending or, to the Knowledge of the Seller, threatened in any court or before or by any Governmental Authority, or before any arbitrator, that might have an adverse effect (whether covered by insurance or not) on the Business, the Assets, or the operations or prospects of the Business and, to the Knowledge of the Seller, there is no basis for any such claim, action, suit, investigation or proceeding that is likely to result in a judgment, decree or order having an adverse effect on the Business, the Assets, the operations, or the prospects of the Business.
Litigation; Default. CENTURY has complied with, any laws, ------------------- rules, regulations, ordinances, orders, writ, injunctions or court decrees applicable to it, the failure to comply with which in the aggregate might have a Material Adverse Effect. CENTURY is not subject to any order, ruling, decree or judgment, having continuing effect, of any court, arbitrator or other governmental agency or instrumentality. There are no claims, actions, suits, arbitrations, investigations, disputes or other proceedings pending or, to the knowledge of CENTURY, threatened, which claim, action, suit, arbitration, investigation, dispute or other proceeding might have a Material Adverse Effect; and CENTURY has no knowledge of any reasonable basis for any such claim, action, suit, arbitration, investigation, dispute or other proceeding.
Litigation; Default. There are no claims, actions, suits, investigations or proceedings against the Company pending or, to the Knowledge of the Company, threatened in any court or before or by any Governmental Authority, or before any arbitrator, that might have an adverse effect (whether covered by insurance or not) on the business, operations, prospects, Properties, securities or financial condition of the Company and, to the Knowledge of the Company, there is no basis for any such claim, action, suit, investigation or proceeding. Except as set forth in the Disclosures, the Company is not in default under, and no condition exists (whether covered by insurance or not) that with or without notice or lapse of time or both would (i) constitute a default by Seller or the Company under, or breach or violation of, any Legal Requirement, Permit or Contract applicable to the Company, or (ii) accelerate or permit the acceleration of the performance required under, or give any other party the right to terminate, any Contract applicable to the Company, other than defaults, breaches, violations or accelerations that would not have an adverse effect on the business, operations, prospects, Properties, securities or financial condition of the Company.
Litigation; Default. There are no and have not been, during the three (3) years ending on the date of this Agreement, any actions, suits, proceedings (whether adjudicatory, criminal, administrative, rulemaking, licensing, or otherwise) or investigations pending in relation to the Sellers and/or IHI or involving or relating to the Business or the Assets or, to the knowledge of the Sellers, threatened in law or in equity, by or before any court, governmental or regulatory agency, domestic or foreign tribunal or arbitrator, in any jurisdiction. The Sellers are not subject to, or in default under, any material judgment, order, injunction or decree of any court, government agency, tribunal or arbitration.
Litigation; Default. There are no claims, actions, suits, investigations or proceedings against Diversified pending or, to the Knowledge of Diversified, threatened in any court or before or by any Governmental Authority, or before any arbitrator, other than worker’s compensation claims that are covered by Diversified’s self insurance arrangement.
Litigation; Default. Except as otherwise set forth in SCHEDULE 5.12(1), there are no claims, actions, suits, investigations or proceedings against the Company pending or, to the Knowledge of Sellers, threatened in any court or before or by any Governmental Authority, or before any arbitrator, and, to the Knowledge of Sellers, there is no basis for any such claim, action, suit, investigation or proceeding. Except as otherwise set forth in SCHEDULE 5.12(2), the Company is not in default under, and no condition exists (whether covered by insurance or not) that with or without notice or lapse of time or both would constitute a default under, or breach or violation of, or accelerate or permit the acceleration of the performance required under, or give any other party the right to terminate, any Permit applicable to the Company or any Contract set forth or required to be set forth in SCHEDULE 5.14.
