Common use of Litigation; Observance of Agreements, Statutes and Orders Clause in Contracts

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8, there are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 19 contracts

Samples: Note Purchase Agreement (Enerplus Resources Fund), Subsidiary Guaranty Agreement (Ruby Tuesday Inc), Note Purchase Agreement (Ferrellgas Partners Finance Corp)

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Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8, and excluding environmental matters which are covered in Section 5.18, there are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Note Purchase Agreement (Stepan Co), Stepan Co, Stepan Co

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8, there are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property Property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 4 contracts

Samples: Note Purchase Agreement (Kennedy Wilson Inc), Note Purchase Agreement (Kennedy Wilson Inc), Note Purchase Agreement (Kennedy Wilson Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule SCHEDULE 5.8, there are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (First Union Real Estate Equity & Mortgage Investments), Note Purchase Agreement (McGrath Rentcorp)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8set forth on ANNEX 2, there are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property Property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority governmental body that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, condition (financial or otherwise) or operations of the Company and the Subsidiaries taken as a whole.

Appears in 2 contracts

Samples: Amendment Agreement (Recoton Corp), Amendment Agreement (Recoton Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8, there are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.the

Appears in 2 contracts

Samples: Note Purchase Agreement (Cpi Corp), Note Purchase Agreement (Cpi Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in set forth on Schedule 5.85.8 to these Supplemental Representations, there are no actions, suits suits, investigations or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Purchase Agreement (Granite Construction Inc), Note Purchase Agreement (Granite Construction Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8, there There are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any material property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Pledge Agreement (Homeservices Com Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8SCHEDULE 5.07, there are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary of its Subsidiaries or any property of the Company or any Restricted Subsidiary of its Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Digex Inc/De)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8, there There are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to BE EXPECTED TO have a Material Adverse Effect.

Appears in 1 contract

Samples: Supplemental Agreement (Federated Investors Inc /Pa/)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8, there are no actions, suits or proceedings pending or, to the knowledge of the CompanyCompany or any Guarantor, threatened against or affecting the Company Company, any Subsidiary or any Restricted Subsidiary Guarantor or any property of the Company Company, any Subsidiary or any Restricted Subsidiary Guarantor in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase and Guarantee Agreement (Resortquest International Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8, SCHEDULE 5.8 there are no actions, suits or proceedings pending or, to the knowledge of the CompanyObligors, threatened against or affecting the Public Hub Company or any Restricted Subsidiary or any property of the Public Hub Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Intercreditor Agreement (Hub Group Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.85.8 or in Item 3 of the Form 10-K, there are no actions, suits or proceedings pending or, to the knowledge of the CompanyCompany and the Co-Obligors, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Chicago Bridge & Iron Co N V)

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Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8SCHEDULE 4.8, there are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Kroll O Gara Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8, there are no actions, suits or proceedings pending or, to the knowledge of the CompanyObligors, threatened against or affecting Holding, the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Collateral Agency Agreement (Ak Steel Corp)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8SCHEDULE 5.7, there are no actions, suits or proceedings pending and publicly filed or, to the knowledge of the Company, otherwise pending or threatened against or affecting the Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Virginia Gas Co)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as otherwise disclosed in Schedule 5.8to you, there are no actions, suits or proceedings pending or, to the knowledge of the CompanyCompanies, threatened against or affecting the Company Companies or any Restricted Subsidiary or any property of the Company Companies or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Rio Grande Inc /De/)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8, there are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary of its Subsidiaries or any property of the Company or any Restricted Subsidiary of its Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Hastings Entertainment Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8, there There are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary or any property Property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Fritz Companies Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8the Disclosure Documents, there are no actions, suits or proceedings pending or, to the knowledge of the Company, threatened against or affecting the 12 8 Company or any Restricted Subsidiary or any property of the Company or any Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Lone Star Industries Inc)

Litigation; Observance of Agreements, Statutes and Orders. (a) Except as disclosed in Schedule 5.8, there are no actions, suits or proceedings pending or, to the knowledge of the Parent or the Company, threatened against or affecting the Company Parent or any Restricted Subsidiary Subsidiary, including the Company, or any property of the Company Parent or any Restricted Subsidiary Subsidiary, including the Company, in any court or before any arbitrator of any kind or before or by any Governmental Authority that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Big Lots Inc)

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