Common use of No Litigation Clause in Contracts

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or that could have a Material Adverse Effect.

Appears in 3 contracts

Sources: Second Lien Credit and Guaranty Agreement (Movie Gallery Inc), First Lien Credit and Guaranty Agreement (Movie Gallery Inc), Revolving Credit and Guaranty Agreement (Movie Gallery Inc)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan Transactions, the financing thereof or any of the other transactions contemplated by the Credit Documents, the Senior 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, litigation or proceeding, hearing hearing, or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan Closing Date Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending 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 the Plan or burdensome conditions on any of the other transactions contemplated by this Agreement and the Credit Documents, other 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially impairs burdensome conditions on any of the Plan Closing Date Transactions or any of the other transactions contemplated by the Credit Documents, Loan 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, Documents or the Purchase Agreement that could reasonably be expected to have 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or 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 Plan or any of the other transactions contemplated by the Credit Documents, or that could have a Material Adverse Effectexcept 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, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or that could would have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Ladder Capital Corp), Credit and Guaranty Agreement (Ladder Capital Corp)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or, to the knowledge of an Authorized Officer of Holdings or any Borrower, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan Transactions, the financing thereof or any of the other transactions contemplated by the Credit DocumentsLoan Documents or the Related Agreements, or 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, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agentthe Agents, singly or in the aggregate, materially impairs the Plan consummation of the Transactions, the financing thereof or any of the other transactions contemplated by the Credit Loan Documents or the Senior Notes Documents, or that could reasonably be expected to have 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that could reasonably be expected to have 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially impairs burdensome conditions on any of the Plan Closing Date Transactions, the financing thereof or any of the other transactions contemplated by the Credit Documents, Loan 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of Administrative Collateral Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Loan Documents, the ABL 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 action, suit, investigation, litigation, litigation or proceeding, hearing hearing, or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or that could have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (REVA Medical, Inc.), Credit and Guaranty Agreement (REVA Medical, Inc.)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative AgentAgent and Co-Syndication Agents, singly or in the aggregate, materially impairs the Plan Paper Business Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that could reasonably be expected to have 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, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or 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, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, Loan 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending 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 Plan or any of the other transactions contemplated by the Credit Documents, Documents 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, proceeding, hearing litigation or proceeding or other legal or regulatory developmentsdevelopment, pending or threatened in any court or before any arbitrator or Governmental Authority thatAuthority, in the reasonable opinion of Administrative Agent, that singly or in the aggregate, aggregate materially impairs the Plan Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Kraton Polymers LLC), Credit and Guaranty Agreement (Kraton Polymers LLC)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan financing hereunder or any of the other transactions contemplated by the Credit Loan Documents, or that could reasonably be expected to have 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan financing hereunder or any of the other transactions contemplated by the Credit Loan Documents, or that could have cause a Material Adverse EffectChange.

Appears in 2 contracts

Sources: Credit Agreement, Credit Agreement (Double Eagle Petroleum Co)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative AgentAgent and Arranger, singly or in the aggregate, materially impairs the Plan Equity Purchase, the financing thereof or any of the other transactions contemplated by the Credit Documents, Documents or the Interest Redemption Agreement or that could have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that could reasonably be expected to have 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of Administrative Agent, singly or in the aggregate, materially impairs the Plan Closing Date Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan Refinancing or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that could reasonably be expected to have 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan financing thereof or any of the other transactions contemplated by the Credit Documents, or 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or or, to the knowledge of Company, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative AgentRequisite Lenders, singly or in the aggregate, materially impairs the Plan Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that could have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (SolarWinds, Inc.), Credit and Guaranty Agreement (SolarWinds, Inc.)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan transactions contemplated by the ABL Credit Documents, the financing thereof or any of the other transactions contemplated by the Credit Documents or the ABL Credit Documents, or that could have a Material Adverse Effect.

Appears in 2 contracts

Sources: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\), Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, proceeding or hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan transactions contemplated by this Agreement and the Related Agreements or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents or the Divested Business Documents, or 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or to the knowledge of Holdings or the Company threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, Loan Documents or that could would reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Sources: Financing Agreement (Scholar Rock Holding Corp), First Omnibus Amendment and Loan Party Joinder Agreement (Madrigal Pharmaceuticals, Inc.)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, Documents or that could have a Material Adverse Effect.

Appears in 2 contracts

Sources: Term Loan and Guaranty Agreement (Fedders Corp /De), Revolving Loan and Guaranty Agreement (Fedders Corp /De)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending 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 Plan or any of the other transactions contemplated by the Credit Documents, or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Nuvox Inc /De/)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developmentsdevelopment, pending or threatened in any court or before any arbitrator or Governmental Authority thatAuthority, in the reasonable opinion of Administrative Agent, that singly or in the aggregate, aggregate materially impairs the Plan Repurchase, the financing thereof or any of the other transactions contemplated by the Credit Documents or the Tender Offer Documents, or that could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Kraton Polymers LLC)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened (in writing) in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of Administrative Agent, singly or in the aggregate, materially impairs the Plan Restatement Date Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or 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, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative AgentAgent and the Arrangers, singly or in the aggregate, materially impairs the Plan Transactions, the financing thereof or any of the other transactions contemplated by the Credit Documents, or 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending 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 Plan or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that could reasonably be expected to have 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, proceeding, hearing or other legal or regulatory developments, pending or threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Note Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Note Purchase Agreement (Inspired Entertainment, Inc.)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, (x) relates to the Credit Documents or (y) could reasonably be expected to materially impairs impair the Plan Transactions, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that (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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened (in writing) in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of Administrative Agent, singly or in the aggregate, materially impairs the Plan Closing Date Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan Acquisition, the financing thereof or any of the other transactions contemplated by the Credit Documents or the Related Documents, or 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, proceeding, proceeding or hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan transactions contemplated by this Agreement or any of the other transactions contemplated by the Credit Documents, or 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, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority (other than the Cases) that, in the reasonable opinion of Administrative Requisite Lenders and Syndication Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Movie Gallery Inc)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of General Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan Holdings Merger, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Autocam International LTD)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending 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 Plan or any of the other transactions contemplated by the Credit Documents, Documents 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative AgentAgent and Syndication Agents, singly or in the aggregate, materially impairs the Plan Tender Offer, the Stock Repurchase, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or 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 any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, Documents 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending 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 the Plan or any of the other transactions contemplated by the Credit Documents, Documents or that could have would reasonably be expected to result in a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Healing Co Inc.)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, that singly or in the aggregate, materially impairs the Plan Acquisition, or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that could reasonably be expected to have 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 unstayed action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative AgentAgent and Lenders, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or that could reasonably be expected to have 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, proceeding, hearing litigation or other legal or regulatory developments, proceeding pending or 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 Administrative Agent and Syndication Agent, singly or in the aggregate, restrains, prevents or otherwise imposes materially impairs adverse conditions on the Plan or any of the other transactions contemplated by the Credit Documents and the Revolving Loan Documents, or that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (J Crew Group Inc)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of Administrative Agent, singly or in the aggregate, materially impairs the Plan consummation of the Transactions, the financing thereof or any of the other transactions contemplated by the Credit Note Documents or the other Transaction Documents, or that could reasonably be expected to have 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, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative AgentAgent and Lenders, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or 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, proceeding, hearing or other legal or regulatory developments, pending 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 Plan or any of the other transactions contemplated by the Credit Documents, or that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Margin Loan Agreement (Sunedison, Inc.)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of Administrative Agent, singly or in the aggregate, materially impairs the Plan repayment of Existing Indebtedness or any of the other transactions contemplated by the Credit Documents, Loan Documents or that could would reasonably be expected to have 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, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative the Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (National Semiconductor Corp)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan financing hereunder or any of the other transactions contemplated by the Credit Acquisition Documents or the Transaction Documents, or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Tekoil & Gas Corp)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or or, to the knowledge of the Company, threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (AvidXchange Holdings, Inc.)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agentthe Agents, singly or in the aggregate, materially impairs the Plan or any execution of the other transactions contemplated by the Credit Documents, Documents or that could would reasonably be expected to have a Closing Date Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (International Steel Group Inc)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing or other legal or regulatory developments, pending or or, to the knowledge of Borrower, threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Acquisition Agreement, or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (3com Corp)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan financing of the Acquisition or affects any Credit Document, any Subordinated Unsecured Credit Document or any of the other transactions contemplated by the Senior Secured Credit DocumentsDocument, or except that could not reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Aeroflex Inc)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Vca Antech Inc)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or other legal or regulatory developments, proceeding pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, Documents or that could reasonably be expected to have 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, proceeding, hearing or other legal or regulatory developments, pending or threatened (including any Environmental Claim) in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative AgentAgent and the Arrangers, singly or in the aggregate, materially impairs the Plan Transactions, the financing thereof or any of the other transactions contemplated by the Credit Documents, or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Atlantic Power Corp)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Term Loan and Guaranty Agreement (Autocam Corp/Mi)

No Litigation. There shall not exist any action, suit, investigation, litigation, litigation or proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that could reasonably be expected to have 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, proceeding, hearing or other legal or regulatory developments, pending or threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative the Collateral Agent, singly or in the aggregate, could reasonably be expected to materially impairs the Plan or impair any of the other transactions contemplated by the Credit Loan Documents, or that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (ADESTO TECHNOLOGIES Corp)

No Litigation. There shall not exist any action, suit, investigation, litigation, litigation or proceeding, hearing hearing, or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan Closing Date Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, 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 action, suit, investigation, litigation, proceeding, hearing (other than the Cases) or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Secured Super Priority Debtor in Possession and Exit Credit and Guaranty Agreement (Allied Holdings Inc)

No Litigation. There shall not exist any action, suit, investigation, litigation, litigation or proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)

No Litigation. There shall not exist any unstayed action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents or the Revolving Credit Documents, or that could reasonably be expected to have 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, proceeding, hearing or other legal or regulatory developments, pending 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 Plan or consummation of any of the other transactions contemplated by the Credit Documents, or that could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Americas Carmart Inc)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, Documents or that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Aurora Diagnostics Holdings LLC)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing or other legal or regulatory developments, pending 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 Plan Transaction, the financing thereof or any of the other transactions contemplated by the Credit DocumentsLoan Documents or the Transaction Documentation, or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (AVG Technologies N.V.)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of Administrative Agent, singly or in the aggregate, materially impairs the Plan repayment of the Existing Indebtedness, the financing thereof or any of the other transactions contemplated by the Credit Loan Documents, or that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Financing Agreement (Metalico Inc)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or 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, litigation or proceeding, hearing hearing, or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan transactions contemplated by the Related Agreements, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (P10, Inc.)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending 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 Plan transactions contemplated by Related Agreements, the payment in full of Existing Indebtedness, or any of the other transactions contemplated by the Credit Documents, or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Bluestem Brands, Inc.)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative AgentAgent and Arranger, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or that could would reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Keystone Automotive Operations Inc)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or or, to the knowledge of any Credit Party, threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion discretion of Administrative Agent, singly or in the aggregate, materially impairs the Plan refinancing of the Existing Indebtedness or any of the other transactions contemplated by the Credit Documents, or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (RLJ Entertainment, Inc.)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan Acquisition, the financing thereof or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (HealthSpring, Inc.)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit DocumentsDocuments or the Related Agreements, or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Granite Broadcasting Corp)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, or that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Mariner Health Care Inc)

No Litigation. There shall not exist any unstayed action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents, Documents 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan or any of the other transactions contemplated by the Credit Documents or the Senior Secured Note Documents, or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Sanmina-Sci Corp)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan 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, or 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Plan or financings and any of the other transactions contemplated by the Credit Documents, or that could reasonably be expected to have 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, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, singly or in the aggregate, materially impairs the Plan financing hereunder or any of the other transactions contemplated by the Credit Loan Documents, or that could have cause a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (Gastar Exploration LTD)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agents and Syndication Agent, singly or in the aggregate, materially impairs the Plan or financings and any of the other transactions contemplated by the Credit Documents, or that could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Gentek Inc)

No Litigation. There shall not exist any action, suit, investigation, litigation, proceeding, hearing litigation or proceeding or other legal or regulatory developments, pending or threatened 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 the Plan or any of the other transactions contemplated by the Credit Documents, Documents or that could have a Material Adverse Effect.

Appears in 1 contract

Sources: Credit Agreement (MMA Capital Holdings, Inc.)