Common use of Litigation with Respect to Seller Clause in Contracts

Litigation with Respect to Seller. Except as set forth in Schedule 4.1(e), there is no action, suit, claim or proceeding pending against the Seller or any of its assets in any court, before any arbitrator or before any Governmental Authority or other Person (i) that would materially adversely affect the Seller, (ii) that seeks restraint, prohibition, damages, or other relief in connection with this Agreement or the transactions contemplated hereby, or (iii) would delay consummation of any of the transactions contemplated hereby. The Seller is not subject to any judgment, decree, injunction, rule or order of any court or other Governmental Authority relating to the Seller’s participation in the transactions contemplated by this Agreement. The Seller has not received any written notice of any such threatened action or proceeding or litigation.

Appears in 5 contracts

Samples: Assignment and Assumption Agreement (Carey Watermark Investors Inc), Assignment and Assumption Agreement (Carey Watermark Investors Inc), Assignment and Assumption Agreement (Carey Watermark Investors Inc)

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