Common use of Litigation; Judgments Clause in Contracts

Litigation; Judgments. On the Closing Date, there shall be no actions, suits, proceedings, counterclaims or investigations pending (i) challenging the consummation of any material portion of the Transaction or which could materially restrain, prevent or impose materially burdensome conditions on the Transaction, (ii) seeking to prohibit the ownership or operation by Holdings, the Seller or any of their respective Subsidiaries of all or any material portion of any of their respective businesses or assets or (iii) seeking to obtain, or which could result or has resulted in the entry of, any judgment, order or injunction that (A) would prohibit or impose materially adverse or materially burdensome conditions on the ability of the Lenders to make the Loans, (B) that could reasonably, individually or in the aggregate, be expected to result in a Material Adverse Effect or (C) would reasonably be expected to adversely affect the legality, validity or enforceability of any Loan Document or could have a material adverse effect on the ability of any Loan Party to fully and timely perform their payment and security obligations under the Loan Documents or the rights and remedies of the Lenders and the Agents taken as a whole. Additionally, there shall not exist any judgment, order, injunction or other restraint issued or filed or a hearing seeking injunctive relief or other restraint pending or notified prohibiting or imposing materially adverse conditions upon the consummation of the transactions contemplated by the Transaction Documents and otherwise referred to herein or therein.

Litigation; Judgments. On the Closing Date, there shall be no actions, suits, proceedings, counterclaims or investigations pending or overtly threatened (i) challenging the consummation of any material portion of the Transaction or which in the judgment of the Commitment Parties could materially restrain, prevent or impose materially burdensome conditions on the Transaction, in the aggregate, or any other transaction contemplated hereunder, (ii) seeking to prohibit the ownership or operation by Holdings, the Seller Borrower, or any of their respective Subsidiaries of all or any material portion of any of their respective businesses or assets or (iii) seeking to obtain, or which could result or has resulted in the entry of, any judgment, order or injunction that (A) would restrain, prohibit or impose materially adverse or materially burdensome conditions on the ability of the Lenders to make the Loans, (B) that could reasonably, individually or in the aggregate, judgment of the Commitment Parties could reasonably be expected to result in a Material Adverse Effect with respect to Holdings, the Borrower and their Subsidiaries taken as a whole (after giving effect to the Transaction) or (C) would reasonably be expected could purport to adversely affect the legality, validity or enforceability of any Loan Finance Document or could have result in a material adverse effect on the ability of any Loan Credit Party to fully and timely perform their payment and security obligations under the Loan Finance Documents or the rights and remedies of the Lenders and the Agents taken as a wholeLenders. Additionally, there shall not exist any judgment, order, injunction or other restraint issued or filed or a hearing seeking injunctive relief or other restraint pending or notified prohibiting or imposing materially adverse conditions upon the consummation of the transactions contemplated by the Transaction Documents and otherwise referred to herein or therein.

Litigation; Judgments. On the Closing Date, there shall be no actions, suits, proceedings, counterclaims or investigations pending or overtly threatened (i) challenging the consummation of any material portion of the Transaction or which in the judgment of Allied Capital could materially restrain, prevent or impose materially burdensome conditions on the Transaction, in the aggregate, or any other transaction contemplated hereunder, (ii) seeking to prohibit the ownership or operation by Holdings, the Seller Borrower, or any of their respective Subsidiaries of all or any material portion of any of their respective businesses or assets or (iii) seeking to obtain, or which could result or has resulted in the entry of, any judgment, order or injunction that (A) would restrain, prohibit or impose materially adverse or materially burdensome conditions on the ability of the Lenders to make the LoansLoan, (B) that could reasonably, individually or in the aggregate, judgment of Allied Capital could reasonably be expected to result in a Material Adverse Effect with respect to Holdings, the Borrower and their Subsidiaries taken as a whole (after giving effect to the Transaction) or (C) would reasonably be expected could purport to adversely affect the legality, validity or enforceability of any Loan Subordinated Debenture Document or could have a material adverse effect on the ability of any Loan Credit Party to fully and timely perform their payment and security obligations under the Loan Subordinated Debenture Documents or the rights and remedies of the Lenders and the Agents taken as a wholeLenders. Additionally, there shall not exist any judgment, order, injunction or other restraint issued or filed or a hearing seeking injunctive relief or other restraint pending or notified prohibiting or imposing materially adverse conditions upon the consummation of the transactions contemplated by the Transaction Documents and otherwise referred to herein or therein.