Common use of Litigation; Investigations Clause in Contracts

Litigation; Investigations. To the best of Company's knowledge after diligent inquiry, except to the extent otherwise disclosed to City: (a) there is no civil, criminal, administrative, arbitration or other proceeding, investigation or claim (including, without limitation, proceedings with respect to unfair labor practice matters or labor organization activity matters), pending or threatened against Company or any Affiliated Person, at law or in equity, or before any foreign, federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality (including without limitation any matter involving the granting of a temporary or permanent injunction against Company or any Affiliated Person) that is reasonably likely to have a material adverse effect on the business, operation, properties, assets or financial condition of Company or the System, or which questions the validity or prospective validity of this Agreement, or of any essential element upon which this Agreement depends, or of any action to be taken by Company or any Affiliated Person; (b) no investigation or review by any governmental entity with respect to Company or any Affiliated Person, relating to the System or any of the transactions contemplated hereby is pending or is threatened against Company or any Affiliated Person, nor has any governmental entity indicated to Company or any Affiliated Person an intention to conduct the same; and (c) neither Company nor any Affiliated Person is subject to any outstanding order, writ, injunction or decree which materially and adversely affects the business, operations, properties, assets or financial condition of the System.

Appears in 2 contracts

Samples: Franchise Agreement, Franchise Agreement

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Litigation; Investigations. To the best of of the Company's knowledge after diligent inquiry, except to the extent otherwise disclosed to the City: (a) there is no civil, criminal, administrative, arbitration or other proceeding, investigation or claim (including, without limitation, proceedings proceeding with respect to unfair labor practice matters or labor organization activity matters), pending or threatened against the Company or any Affiliated Person, at law or in equity, or before any foreign, federal, state, municipal or other governmental department, department commission, board, bureau, agency or instrumentality (including without limitation any matter involving the granting of a temporary or permanent injunction against the Company or any Affiliated Person) that is reasonably likely to have a material adverse effect on the business, operation, properties, assets or financial condition of the Company or the System, or which questions the validity or prospective validity of this Agreement, or of any essential element upon which this Agreement depends, or of any action to be taken by the Company or any Affiliated Person; (b) no investigation Investigation or review by any governmental entity with respect to the Company or any Affiliated Person, relating to the System or any of the transactions contemplated hereby is pending or is threatened against the Company or any Affiliated Person, nor has any governmental entity indicated to the Company or any Affiliated Person an intention to conduct the same; and (c) neither the Company nor any Affiliated Person is subject to any outstanding order, writ, injunction or decree which materially and adversely affects the business, operations, properties, assets or financial condition of the System.

Appears in 1 contract

Samples: Agreement (National Fiber Network Inc)

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Litigation; Investigations. To the best of the Company's knowledge knowledge, after diligent inquiry, except to the extent otherwise disclosed to the City: (a) there is no civil, criminal, administrative, arbitration or other proceeding, investigation or claim (including, without limitation, proceedings with respect to unfair labor practice matters or labor organization activity matters), pending or threatened against the Company or any Affiliated Person, at law or in equity, or before any foreign, federal, state, municipal or other governmental department, commission, board, bureau, bureau agency or instrumentality (including without limitation any matter involving the granting of a temporary or permanent injunction against the Company or any Affiliated Person) that is reasonably likely to have a material adverse effect on the business, operation, properties, assets or financial condition of the Company or the System, or which questions the validity or prospective validity of this Agreement, or of any essential element upon which this Agreement depends, or of any action to be taken by the Company or any Affiliated Person; (b) no investigation or review by any governmental entity with respect to the Company or any Affiliated Person, relating to the System or any of the transactions contemplated hereby is pending or is threatened against the Company or any Affiliated Person, nor has any governmental entity indicated to the Company or any Affiliated Person an intention to conduct the same; and (c) neither the Company nor any Affiliated Person is subject to any outstanding order, writ, injunction or decree which materially and adversely affects the business, operations, properties, assets or financial condition of the System.

Appears in 1 contract

Samples: Agreement (Metromedia Fiber Network Inc)

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