No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13, as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $1,000,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 5 contracts
Samples: Credit Agreement (Universal Hospital Services Inc), Credit Agreement (Universal Hospital Services Inc), Credit Agreement (Universal Hospital Services Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party or before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s, right or power to enter into or perform any of its obligations under the any Related Transaction Document or any Loan Documents Document to which it is a party, or the validity or enforceability of any Related Transaction Document or any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party Party, and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, or to any Credit Party's knowledge, threatened, ’s knowledge threatened against any Credit Party that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 5 contracts
Samples: Credit Agreement (H&E Equipment Services, Inc.), Credit Agreement (H&E Equipment Services, Inc.), Credit Agreement (H&E Equipment Services, Inc.)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that which has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that or threatened which seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 5 contracts
Samples: Credit Agreement (Zomax Optical Media Inc), Credit Agreement (Verdant Brands Inc), Credit Agreement (Playcore Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 4 contracts
Samples: Fourth Amended (Navarre Corp /Mn/), Credit Agreement (Wesco International Inc), Credit Agreement (Navarre Corp /Mn/)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any such Credit Party, threatened against such Credit Party or any Subsidiary of such Credit Party, Party before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), ) that (a) that challenges any such Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to such Credit Party or any Subsidiary of such Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 or injunctive relief against, or alleges criminal misconduct ofby, such Credit Party or any Subsidiary of such Credit Party.
Appears in 3 contracts
Samples: Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and thatthat , if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 3 contracts
Samples: Credit Agreement (Applied Extrusion Technologies Inc /De), Credit Agreement (Lacrosse Footwear Inc), Credit Agreement (Black Warrior Wireline Corp)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 3 contracts
Samples: Credit Agreement (Thermadyne Holdings Corp /De), Credit Agreement (Rowe Companies), Credit Agreement (Thermadyne Holdings Corp /De)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 3 contracts
Samples: Credit Agreement (Pediatric Services of America Inc), Credit Agreement (Insteel Industries Inc), Credit Agreement (Insteel Industries Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 3 contracts
Samples: Credit Agreement (Insteel Industries Inc), Credit Agreement (Guardian International Inc), Credit Agreement (Insteel Industries Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, individually or in the aggregate, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 3 contracts
Samples: Credit Agreement (Otelco Telecommunications LLC), Credit Agreement (Brindlee Mountain Telephone Co), Credit Agreement (Otelco Inc.)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), (a) that which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that which has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or, to the knowledge of any Credit Party's knowledge, threatened, that threatened which seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Morton Industrial Group Inc), Assignment Agreement (Morton Industrial Group Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Navarre Corp /Mn/), Credit Agreement (Navarre Corp /Mn/)
No Litigation. No Except as disclosed in Disclosure Schedule (3.13), no action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks damages in excess of $1,000,000 500,000, or injunctive relief against, or alleges criminal misconduct of, or that would have a Material Adverse Effect on the value of the Collateral of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Penn Traffic Co), Credit Agreement (Penn Traffic Co)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks could reasonably be likely to result in damages in excess of $1,000,000 2,000,000 (net of insurance coverages for such damages) or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Blount International Inc), Credit Agreement (Blount International Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse EffectEffect (other than the litigation between Borrower and ValueVision Media, Inc. that has been previously publicly disclosed by Borrower (“ValueVision Litigation”). Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Navarre Corp /Mn/), Credit Agreement (Navarre Corp /Mn/)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Carmike Cinemas Inc), Credit Agreement (Standard Motor Products Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Reading International Inc), Credit Agreement (Reading International Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13(3.12), as of the Closing Date Date, there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 US$50,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Acquisition CORP)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunderDocument, or (b) that is not stayed under Section 362 of the Bankruptcy Code and has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13(3.14), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Blockbuster Inc), Credit Agreement
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. No Litigation is pending or threatened against any Credit Party by Centre Partners. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Black Warrior Wireline Corp), Credit Agreement (Black Warrior Wireline Corp)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13(3.12), as of the Restatement Closing Date Date, there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 US$250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Standard Motor Products Inc), Credit Agreement (Standard Motor Products Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13(3.12), as of the Restatement Closing Date Date, there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 US$500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and thatthat , if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Agway Inc), Credit Agreement (Agway Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Thermadyne Holdings Corp /De), Credit Agreement (Thermadyne Holdings Corp /De)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened in writing against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being is reasonably likely to be determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to would have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Effective Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, threatened that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (RBC Bearings INC), Credit Agreement (RBC Bearings INC)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that which has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that or threatened which seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Filenes Basement Corp), In Possession Credit Agreement (Filenes Basement Corp)
No Litigation. No action, claim, lawsuit, demand, investigation or ------------- proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that ---------- challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no ------------------------- Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Icon Health & Fitness Inc), Credit Agreement (Icon Health & Fitness Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Black Warrior Wireline Corp), Credit Agreement (FCA Acquisition Corp.)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13(3.12), as of the Closing Date Date, there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 US$500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Rand Logistics, Inc.), Credit Agreement (Rand Logistics, Inc.)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and thatthat , if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 2 contracts
Samples: Credit Agreement (Westaff Inc), Credit Agreement (Perfumania Holdings, Inc.)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13, as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $1,000,000 not otherwise covered by or in excess of any applicable insurance policy of a Credit Party, or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (510152 N B LTD)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened in writing against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be would reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks damages in excess of $1,000,000 5,000,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation")) other than as set forth on Schedule 4.17, (a) that challenges any Credit Party's the right or power of any Credit Party to enter into or perform any of its obligations under the Loan Related Transactions Documents to which it is a party, or the validity or enforceability of any Loan Related Transaction Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.134.13 and 4.17, as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents or other Related Transaction Documents to which it is a party, or the validity or enforceability of any Loan Document, any other Related Transaction Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Northland Cable Properties Seven Limited Partnership)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks damages (if specified) in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Ddi Corp)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule in DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages (if specified) in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Ddi Corp)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, individually or in the aggregate, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Restatement Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Otelco Inc.)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that threatened which seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13, as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation" Litigation "), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and thatthat , if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13) , as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks damages in excess of the Dollar Equivalent of $1,000,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Fibermark Inc)
No Litigation. (a) No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, individually or in the aggregate, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Second Restatement Execution Date and the Second Restatement Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Otelco Inc.)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13, as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be would reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Restatement Date there is no Litigation pending or, to the best of any Credit Party's ’s knowledge, threatened, threatened that seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of Parent or any Credit Party, threatened against Parent or any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to Parent or any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 50,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Comverge, Inc.)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party or before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s, right or power to enter into or perform any of its obligations under the any Loan Documents Document to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party Party, and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date Date, there is no Litigation pending or, or to any Credit Party's knowledge, threatened, ’s knowledge threatened against any Credit Party that seeks damages in excess of $1,000,000 2,500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No As of the Closing Date, no action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Related Transaction Documents to which it is a party, or the validity or enforceability of any Loan Related Transaction Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $1,000,000 50,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Coyne International Enterprises Corp)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Letter of Credit Documents to which it is a party, or the validity or enforceability of any Loan Letter of Credit Document or any action taken thereunder, or (b) that which has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that or threatened which seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Labor Ready Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Loan Party, threatened against any Credit Loan Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Loan Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Loan Party and thatthat , if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Loan Party's knowledge, threatened, that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Loan Party.
Appears in 1 contract
Samples: Pledge Agreement (Brightpoint Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to the best of any Credit Party's ’s knowledge, threatened, threatened that seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), that (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that or threatened which seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, CREDIT AGREEMENT before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule in DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages (if specified) in excess of $1,000,000 US$500,000 or the Equivalent Amount in Canadian Dollars or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Ddi Corp)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit PartyParty or any of its Subsidiaries, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that which has a reasonable risk of being determined adversely to any Credit Party or any of its Subsidiaries and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that or threatened which seeks damages in excess of $1,000,000 200,000 or injunctive relief against, against or alleges criminal misconduct of, of any Credit PartyParty or any of its Subsidiaries.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that which has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that or threatened which seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any such Credit Party, threatened in writing against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any such Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being is reasonably likely to be determined adversely to any such Credit Party and that, if so determined, could be reasonably be expected to would have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Effective Date there is no Litigation pending or, to any such Credit Party's ’s knowledge, threatened, threatened that seeks damages in excess of the Dollar Equivalent of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any such Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Roller Bearing Co of America Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, individually or in the aggregate, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Otelco Inc.)
No Litigation. No action, claim, lawsuit, demand, investigation ------------- or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), ) that (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct ofby, any Credit Party.
Appears in 1 contract
No Litigation. No Other than the commencement of the Chapter 11 Cases, no action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be would reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks involves damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Related Transaction Documents to which it is a party, or the validity or enforceability of any Loan Related Transaction Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 50,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Tefron LTD)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party or before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s, right or power to enter into or perform any of its obligations under the any Loan Documents Document to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party Party, and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, or to any Credit Party's knowledge, threatened, ’s knowledge threatened against any Credit Party that seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, dispute, demand, investigation or proceeding of any kind is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that directly or indirectly challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have result in a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.133.11, as of the Closing Date there is no Litigation pending or, to the knowledge of any Credit Party's knowledge, threatened, that threatened against or otherwise involving any Credit Party which seeks (i) damages in excess of $1,000,000 100,000 or (ii) injunctive relief against, or alleges criminal misconduct of, against any Credit Party which would materially effect the operations of such Credit Party's business.
Appears in 1 contract
Samples: Term Loan Agreement (Northland Cable Properties Seven Limited Partnership)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the best knowledge of any Credit Party, threatened against any Credit Party, Party before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that which has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that or threatened which seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13, as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.. 3.14
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened in writing against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being is reasonably likely to be determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to would have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, threatened that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (RBC Bearings INC)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), ) that (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 250,000 in the aggregate or injunctive relief against, or alleges criminal misconduct ofby, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Itron Inc /Wa/)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Operative Documents to which it is a party, or the validity or enforceability of any Loan Operative Document or any action taken thereunder, or (b) that which has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be would reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13, as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, or threatened, that which seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 1 contract
No Litigation. No As of the Closing Date, no action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), (a) that which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that which has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule DISCLOSURE SCHEDULE (3.13), as of the Closing Date (or such later date as of which this representation and warranty is made or is deemed to be made) there is no Litigation pending or, to any Credit Party's knowledge, threatened, that or threatened which seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that which has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13(3.9), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that or threatened which seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened in writing against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being is reasonably likely to be determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to would have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Effective Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, threatened that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Roller Bearing Co of America Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date date hereof there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Amedisys Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority Authority, or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), (a) that which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that which has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that or threatened which seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Drugmax Inc)
No Litigation. No As of the Closing Date, no action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks damages in excess of $1,000,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13, as of the Restatement Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $1,000,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. (a) No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that ---------- challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as -------------------------- of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit PartyParty or Worthington, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that which challenges Worthington's or any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that which has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or, to the knowledge of any Credit Party's knowledge, threatened, that threatened which seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, of Worthington or any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that except as set forth on Disclosure Schedule (3.13(a)), which has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13(3.13(b)), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that or threatened which seeks damages in excess of $1,000,000 250,000 or injunctive relief against, against or alleges criminal misconduct of, of any Credit Party.
Appears in 1 contract
No Litigation. No Except as set forth on Disclosure Schedule (3.13), there is no action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Palace Entertainment Holdings, Inc.)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened in writing against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being is reasonably likely to be determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to would have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, threatened that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Roller Bearing Co of America Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), ) that (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule in DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct ofby, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Track N Trail Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Navarre Corp /Mn/)
No Litigation. No Except as set forth in Disclosure Schedule (3.13), no action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that which has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that or threatened which seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (United Shipping & Technology Inc)
No Litigation. No Other than the commencement of the Chapter 11 Cases, no action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and thatthat , if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Applied Extrusion Technologies Inc /De)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), (a) that which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that which has a reasonable risk of being determined adversely to any Credit Party and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that or threatened which seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, of any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), ) (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, party or the validity or enforceability of any Loan Document or any action taken thereunder, thereunder or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13, as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, against any Credit Party or that alleges criminal misconduct of, of any Credit Party.
Appears in 1 contract
No Litigation. No Other than the filing of the Cases, no action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and thatthat , if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks damages in excess of $1,000,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13(3.12), as of the Closing Date Date, there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 US$500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Loan Party, threatened against any Credit Loan Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Loan Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Loan Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Restatement Date there is no Litigation pending or, to any Credit Loan Party's knowledge, threatened, that seeks damages in excess of $1,000,000 250,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Loan Party.
Appears in 1 contract
Samples: Credit Agreement (Brightpoint Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule 3.13, . as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 500,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party or before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), (a) that challenges any Credit Party's 's, right or power to enter into or perform any of its obligations under the any Related Transaction Document or any Loan Documents Document to which it is a party, or the validity or enforceability of any Related Transaction Document or any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party Party, and thatwhich, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, or to any Credit Party's knowledge, threatened, knowledge threatened against any Credit Party that seeks damages in excess of $1,000,000 100,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (H&e Finance Corp)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), that (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $1,000,000 100,000 (or the Equivalent Amount thereof) or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
Samples: Credit Agreement (Inverness Medical Innovations Inc)
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's ’s knowledge, threatened, that seeks could reasonably be likely to result in damages in excess of $1,000,000 2,000,000 (net of insurance coverages for such damages) or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
Appears in 1 contract
No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) that has a reasonable risk of being determined adversely to any Credit Party and that, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or, to any Credit Party's knowledge, threatened, or threatened that seeks damages in excess of $1,000,000 50,000 or injunctive relief against, or alleges criminal misconduct of, any Credit Party.
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Samples: Credit Agreement (Infogrames Inc)