No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative Agent.
Appears in 3 contracts
Sources: Second Amendment Agreement (Mogo Finance Technology Inc.), Fifth Amendment Agreement (Mogo Finance Technology Inc.), Credit Agreement
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially impairs burdensome conditions on any of the transactions contemplated by this Agreement and the Credit Documents, except as has been previously disclosed in writing to the Administrative Agentother Loan Documents or that could have a Material Adverse Effect.
Appears in 3 contracts
Sources: Permitted Secured Refinancing and Incremental Joinder Agreement (Regal Entertainment Group), Permitted Secured Refinancing Agreement (Regal Entertainment Group), Permitted Secured Refinancing Agreement (Regal Entertainment Group)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the financing hereunder or any of the other transactions contemplated by the Credit Loan Documents, except as has been previously disclosed in writing or that would reasonably be expected to the Administrative Agentcause a Material Adverse Change.
Appears in 3 contracts
Sources: Credit Agreement (Vantage Energy Inc.), Credit Agreement (Vantage Energy Inc.), Credit Agreement (Vantage Energy Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding proceeding, hearing, or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the Closing Date Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing Loan Documents or that would reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 3 contracts
Sources: Financing Agreement (Scholar Rock Holding Corp), Financing Agreement (Beam Therapeutics Inc.), First Omnibus Amendment and Loan Party Joinder Agreement (Madrigal Pharmaceuticals, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, or threatened in writing to the Borrower’s knowledge, threatened a Loan Party in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Loan Documents, except as has been previously disclosed in writing to the Administrative Agent.
Appears in 3 contracts
Sources: Credit Agreement, Term Loan Credit Agreement (Viking Energy Group, Inc.), Term Loan Credit Agreement
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the Transactions, the financing thereof or any of the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative AgentSenior Secured Notes Documents or the $125,000,000 Unsecured Debt Documents, or that could have a Material Adverse Effect.
Appears in 3 contracts
Sources: Senior Secured Revolving Credit and Guaranty Agreement (Euramax Holdings, Inc.), Senior Secured Revolving Credit and Guaranty Agreement (Euramax International, Inc.), Senior Secured Revolving Credit and Guaranty Agreement (Euramax International, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing Documents or the Purchase Agreement that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially impairs burdensome conditions on any of the Closing Date Transactions or any of the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative AgentLoan Documents or that could have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative AgentLoan Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Senior Secured Revolving Credit Agreement (Oaktree Finance, LLC), Senior Secured Revolving Credit Agreement (Oaktree Capital Group, LLC)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of the Administrative Agent, singly or in the aggregate, materially impairs the Closing Date Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (GPB Holdings II, LP), Credit and Guaranty Agreement (Primo Water Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing Transactions or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (AbitibiBowater Inc.), Credit and Guaranty Agreement (AbitibiBowater Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: First Lien Credit and Guaranty Agreement (Movie Gallery Inc), Second Lien Credit and Guaranty Agreement (Movie Gallery Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 2 contracts
Sources: Second Amendment (DynCorp International Inc), Credit and Guaranty Agreement (Services International LLC)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentIssuing Bank, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documentsthis Amendment, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit Agreement (Alon USA Energy, Inc.), Credit Agreement (Alon USA Energy, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially impairs burdensome conditions on any of the Closing Date Transactions, the financing thereof or any of the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative AgentLoan Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents or the Divested Business Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Speed Commerce, Inc.), Credit and Guaranty Agreement (Speed Commerce, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs any of the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative AgentTransaction Documents or that could have a Material Adverse Ef fect.
Appears in 2 contracts
Sources: Credit Agreement (New Mountain Private Credit Fund), Credit Agreement (New Mountain Guardian III BDC, L.L.C.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Refinancing or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (American Reprographics CO), Credit and Guaranty Agreement (American Reprographics CO)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority Body that, in the reasonable opinion of the Administrative AgentLenders, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Loan Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Note Agreement (Sotherly Hotels Lp), Note Agreement (MHI Hospitality CORP)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of the Administrative Agentany Class A Managing Agent or any Class B Revolving Lender, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Documents, except as has been previously disclosed Documents or that would reasonably be expected to result in writing to the Administrative Agenta Material Adverse Effect.
Appears in 2 contracts
Sources: Credit Agreement (On Deck Capital Inc), Credit Agreement (On Deck Capital Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, or to the Borrower’s knowledge, knowledge of Holdings or the Company threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Day International Group Inc), Credit and Guaranty Agreement (Day International Group Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Lead Arrangers and Administrative Agent, singly or in the aggregate, materially impairs the Related Transactions, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or litigation, proceeding or other legal or regulatory developments, hearing pending or, to the Borrower’s knowledge, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by this Agreement and the Related Agreements or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), Second Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the any of transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (American Reprographics CO), Credit and Guaranty Agreement (American Reprographics CO)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the financing hereunder or any of the other transactions contemplated by the Credit Loan Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit Agreement (Alta Mesa Resources, Inc. /DE), Credit Agreement (Silver Run Acquisition Corp II)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the financing hereunder or any of the other transactions contemplated by the Credit Loan Documents, except as has been previously disclosed in writing to the Administrative Agentor that could cause a Material Adverse Change.
Appears in 2 contracts
Sources: Credit Agreement, Credit Agreement (Double Eagle Petroleum Co)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the knowledge of an Authorized Officer of Holdings or any Borrower’s knowledge, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the Transactions, the financing thereof or any of the other transactions contemplated by the Credit DocumentsLoan Documents or the Related Agreements, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of the Administrative Collateral Agent, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Loan Documents, except as has been previously disclosed in writing to the Administrative AgentABL Loan Documents, or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Financing Agreement (Federal Signal Corp /De/), Financing Agreement (Federal Signal Corp /De/)
No Litigation. There shall not exist any be no action, suit, investigation, investigation litigation or proceeding pending or other legal or regulatory developments, pending or, to the Borrower’s knowledge, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, that could reasonably be expected to materially impairs and adversely affect the transactions contemplated by this Agreement and the Credit other Loan Documents, except as has been previously disclosed in writing to the Administrative Agent.
Appears in 2 contracts
Sources: First Lien Credit Agreement (Standard Register Co), Second Lien Credit Agreement (Standard Register Co)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentAgent and Co-Syndication Agents, singly or in the aggregate, materially impairs the Paper Business Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 2 contracts
Sources: Term Loan Credit and Guaranty Agreement (NewPage CORP), Revolving Credit and Guaranty Agreement (NewPage CORP)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the financing thereof or any of the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Taleo Corp), Credit and Guaranty Agreement (Taleo Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, Agent materially impairs any of the transactions contemplated by the Credit Closing Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Sanmina-Sci Corp), Credit and Guaranty Agreement (Sanmina-Sci Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding pending or other legal or regulatory developments, pending or, to the Borrower’s knowledge, threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Syndication Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 2 contracts
Sources: Second Lien Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.), First Lien Loan and Guaranty Agreement (Reliant Pharmaceuticals, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative Agentthis Amendment or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Tronox LTD), Credit and Guaranty Agreement (Tronox LTD)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentAgents, singly or in the aggregate, materially impairs the consummation of the Transactions, the financing thereof or any of the other transactions contemplated by the Credit Loan Documents or the Senior Notes Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority (other than the Bankruptcy Cases) that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative AgentDocuments or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of any Class A Managing Agent or the Administrative Class B Agent, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Documents, except as has been previously disclosed Documents or that would reasonably be expected to result in writing to the Administrative Agenta Material Adverse Effect.
Appears in 2 contracts
Sources: Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the financing hereunder or any of the other transactions contemplated by the Credit Acquisition Documents or the Transaction Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developmentsproceeding, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Mariner Health Care Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Acquisition, the financing thereof or any other transactions contemplated by the Credit Documents or the Related Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Veterinary Centers of America Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding proceeding, hearing, or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the Closing Date Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing to the Administrative Agent.or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)
No Litigation. There shall not exist any unstayed action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Documents or the Revolving Credit Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Senior Secured Debtor in Possession Term Loan and Guaranty Agreement (Dura Automotive Systems Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of the Administrative Agent, singly or in the aggregate, materially impairs the consummation of the Transactions, the financing thereof or any of the other transactions contemplated by the Credit Note Documents or the other Transaction Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Senior Secured Note Purchase Agreement (Vahanna Tech Edge Acquisition I Corp.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the financing hereunder or any of the other transactions contemplated by the Credit Loan Documents, except as has been previously disclosed in writing or that could be reasonably expected to the Administrative Agentcause a Material Adverse Change.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority (other than the Cases) that, in the reasonable opinion of the Administrative Requisite Lenders and Syndication Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Collateral Agent, singly or in the aggregate, could reasonably be expected to materially impairs impair any of the transactions contemplated by the Credit Loan Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, the Administrative Collateral Monitoring Agent and Syndication Agent, singly or in the aggregate, materially impairs the Reorganization, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Mariner Health Care Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or litigation, proceeding or other legal or regulatory developments, hearing pending or, to the Borrower’s knowledge, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by this Agreement or any of the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the financing hereunder or any of the other transactions contemplated by the Credit Transaction Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Foothills Resources Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the Transaction, the financing thereof or any of the other transactions contemplated by the Credit DocumentsLoan Documents or the Transaction Documentation, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending oror threatened, to the Borrower’s knowledgein writing, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of the Administrative AgentAgents, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Loan Documents the A/R Loan Documents or the Equipment Loan Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Financing Agreement (EVO Transportation & Energy Services, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the making of the Loans, the issuance of the Letters of Credit, the refinancing of the Existing Indebtedness, or any of the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Syntax-Brillian Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding pending or other legal or regulatory developments, pending or, to the Borrower’s knowledge, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs any of the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing Documents or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Energy Transfer Partners, L.P.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending oror threatened, to the Borrower’s knowledge, threatened in any court or before any arbitrator or Governmental Authority Authority, that, in the reasonable opinion discretion of the Administrative Agent, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative AgentDocuments or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developmentsproceeding, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentLender, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Loan Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Credit Agreement (iFresh Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledgeknowledge of the Company, threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of the Administrative Agent, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (AvidXchange Holdings, Inc.)
No Litigation. There Except for the Cases, there shall not exist any be no action, suit, investigation, investigation litigation or proceeding pending or other legal or regulatory developments, pending or, to the Borrower’s knowledge, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, that could reasonably be expected to materially impairs and adversely affect the transactions contemplated by this Agreement and the Credit other Loan Documents, except as has been previously disclosed in writing to the Administrative Agent.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority Authority, that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the consummation of any of the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing or that would reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Americas Carmart Inc)
No Litigation. There shall not exist any unstayed action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative AgentDocuments or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Senior Secured Superpriority Debtor in Possession Credit Agreement (Lehman Brothers Holdings Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Documents or the Senior Secured Note Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and the Administrative AgentRequisite Lenders, singly individually or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative AgentTransactions or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Second Lien Credit and Guaranty Agreement (Alion Science & Technology Corp)
No Litigation. There shall not exist any no action, suit, investigation, litigation or proceeding pending or other legal or regulatory developments, pending or, to the Borrower’s knowledge, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion that (i) would reasonably be likely to have a Material Adverse Effect or (ii) purports to materially affect any of the Administrative Agent, singly Transactions or in the aggregate, materially impairs rights and remedies of the transactions contemplated by Agent and the Credit Documents, except as has been previously disclosed in writing to the Administrative AgentLenders.
Appears in 1 contract
Sources: Senior Secured Credit Agreement (Special Metals Corp)
No Litigation. There shall not exist any unstayed action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentAgent and Lenders, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Senior Secured Revolving Credit and Guaranty Agreement (Dura Automotive Systems Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation litigation, or proceeding or other legal or regulatory developments, pending or, to the Borrowerany Restricted Person’s knowledge, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the financing hereunder or any of the other transactions contemplated by the Credit Loan Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agentcause a Material Adverse Change.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs any of the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Gabriel Communications Inc /De/)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding proceeding, hearing, or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Related Agreements, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developmentsproceeding, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs challenges the Transactions, the financing thereof or any of the other transactions contemplated by the Credit Loan Documents, except as has been previously disclosed in writing nor shall there be any litigation or investigation pending that could reasonably be expected to have a Material Adverse Effect upon the Administrative Agentconsummation of the Transactions.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion sole discretion of the Administrative Agent, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Documents, except as has been previously disclosed Documents or that would reasonably be expected to result in writing to the Administrative Agenta Material Adverse Effect.
Appears in 1 contract
Sources: Credit Agreement (Healing Co Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, that singly or in the aggregate, materially impairs the Acquisition, or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Closing Date Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (American Medical Systems Holdings Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by this Agreement or the Credit DocumentsBango Sale Agreement or the financing thereof, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, any Joint Lead Arranger singly or in the aggregate, materially impairs adversely affects the Transactions, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as or that has been previously disclosed in writing or could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, (x) relates to the Credit Documents or (y) could reasonably be expected to materially impairs impair the Transactions, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing to the Administrative Agentor (z) could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the any of transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (American Reprographics CO)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative AgentDocuments or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding proceeding, hearing, or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by Transactions occurring on the Credit DocumentsClosing Date, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (OneWater Marine Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the financing hereunder or any of the other transactions contemplated by the Credit Loan Documents, except as has been previously disclosed in writing to the Administrative Agentor that could cause a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding pending or other legal or regulatory developments, pending or, to the Borrower’s knowledge, threatened in any court of competent jurisdiction or before any arbitrator or Governmental Authority (including, without limitation, with respect to any environmental matters) that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, restrains, prevents or otherwise imposes materially impairs adverse conditions on the transactions contemplated by the Credit Documents and the Revolving Loan Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Impsat Acquisition or any of the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Global Crossing LTD)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of the Administrative any Class A Managing Agent, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Documents, except as has been previously disclosed Documents or that would reasonably be expected to result in writing to the Administrative Agenta Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened (in writing) in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of the Administrative Agent, singly or in the aggregate, materially impairs the Restatement Date Disposition or any of the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentAgent and Arrangers, singly or in the aggregate, materially impairs could reasonably be expected to result in an injunction of the transactions contemplated by Merger after the Credit Documents, except as has been previously disclosed in writing to funding of the Administrative AgentLoans on the Closing Date.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Valeant Pharmaceuticals International)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing (other than the Cases) or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentLender, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Loan Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the financings and any of the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing or that could reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Second Lien Credit and Guaranty Agreement (Gentek Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the financing hereunder or any of the other transactions contemplated by the Credit Loan Documents, except as has been previously disclosed in writing to the Administrative Agentor that would cause a Material Adverse Change.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative AgentDocuments or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Xerium Technologies Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentAgent and Syndication Agents, singly or in the aggregate, materially impairs the Tender Offer, the Stock Repurchase, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Entravision Communications Corp)
No Litigation. There shall not exist be any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, threatened in any court investigation of or before any arbitrator governmental authority pending or Governmental Authority thatthreatened (i) with respect to this Agreement, in the reasonable opinion Related Documents or any of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed hereby or thereby or (ii) which could reasonably be expected to result in writing to the Administrative Agenta Material Adverse Effect.
Appears in 1 contract
Sources: Series B and C Senior Preferred Stock Purchase Agreement (Arbinet Holdings Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of the Administrative Agent, singly or in the aggregate, materially impairs the repayment of Existing Indebtedness or the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing Loan Documents or that would reasonably be expected to the Administrative Agenthave a Material Adverse Effect.
Appears in 1 contract
Sources: Financing Agreement (Apellis Pharmaceuticals, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by Related Agreements, the payment in full of Existing Indebtedness, or any of the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentAgent and Lenders, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Ambassadors International Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Acquisition Agreement, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any no action, suit, investigation, litigation litigation, or proceeding pending or other legal or regulatory developments, pending or, to the Borrower’s knowledge, threatened in any court or before any arbitrator or Governmental Authority that, that (in the reasonable opinion of the Administrative Facility Agent, singly ’s judgment (acting reasonably)) could reasonably be expected to materially and adversely affect this Agreement or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative Agentthereby.
Appears in 1 contract
Sources: Facility Agreement (Atmel Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Arranger and the Administrative AgentLenders, singly individually or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative AgentTransactions or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: First Lien Credit and Guaranty Agreement (Alion Science & Technology Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and the Administrative AgentArrangers, singly or in the aggregate, materially impairs the Transactions, the financing thereof or any of the other transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to the Administrative Agentor that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan Agreement (Atlantic Power Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the Borrower’s knowledge, or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs any of the transactions contemplated by the Credit Documents, except as has been previously disclosed in writing to Note Documents or the Administrative AgentRelated Agreements.
Appears in 1 contract
Sources: Note Purchase Agreement (Osage Exploration & Development Inc)