No Pending or Threatened Litigation. There are no actions, suits or proceedings pending, or to the knowledge of Borrower threatened, against or affecting Borrower, the Guarantor or the Collateral, or involving the validity or enforceability of the Loan Documents or the priority of the liens or security interests created thereby, and there are no actions, suits or proceedings pending or, to the knowledge of the Borrower, threatened against or affecting Borrower or any Guarantor which could have a material adverse affect on the ability of each or any of such parties to perform their respective obligations under the Loan Documents; and further, no event has occurred (including specifically Xxxxxxxx's execution of the Loan Documents and its consummation of the loan represented thereby) which will violate, be in conflict with, result in the breach of or constitute (with due notice or lapse of time, or both) a default under, any Legal Requirement or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever upon any of Borrower's or any of Guarantor's property other than the lien and security interest created by the Loan Documents.
No Pending or Threatened Litigation. Borrower represents and warrants that there are no actions, suits, or proceedings pending or, to Borrower's knowledge, threatened against or affecting Borrower in any court or before any governmental commission, board, or authority which, if adversely determined, would have a Material Adverse Effect.
No Pending or Threatened Litigation. Except as disclosed in Black Diamond’s periodic filings with the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended, there are no demands, judgments, actions, suits, orders, decrees, arbitrations or proceedings pending or, to such Loan Party’s knowledge, threatened against or affecting any of the Loan Parties in any court or before any governmental commission, board, or authority which, if adversely determined, would have a Material Adverse Effect.
No Pending or Threatened Litigation. No pending or threatened litigation exists that would detrimentally impact Contractor’s ability to perform the Services under this Agreement in a material manner. Accessibility. Contractor will provide Services under this Agreement such that the net product of such Services, including but not limited to any information and communication technology (“ICT”) such as software applications and operating systems, Web-based internet information and applications, information, documentation and support, desktop and portable computers, video and multimedia products, self-contained, closed products, and telecommunication products, are usable by a person with a disability in accordance with Title III of the Americans with Disabilities Act, 42 U.S.C. § 12181, et seq., the ADA Amendments Act of 2008 (ADAAA), and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. §§ 701, et seq., and any other applicable federal and state laws and implementing regulations. For purposes of this clause, Contractor shall be considered in compliance with the ADA and other federal and state laws if it satisfies the requirements (including exceptions) specified in the regulations [36 CFR Part 1194] implementing Section 508 of the Rehabilitation Act, including the Web Content Accessibility Guidelines (WCAG) 2.0 Level A and Level AA Success Criteria and Conformance Requirements (2008), which are incorporated by reference, and the functional performance criteria. Contractor agrees that during the Term of this Agreement each ICT will remain in compliance with all applicable federal and state disabilities laws and regulations.
No Pending or Threatened Litigation. Each Borrower represents and warrants that except as Lender has been otherwise advised in writing, together with an analysis by such Borrower's counsel, there are no actions, suits, or proceedings pending or, to such Borrower's knowledge, threatened against or affecting such Borrower in any court or before any governmental commission, board, or authority which, if adversely determined, would have a material adverse affect on such Borrower's financial condition, conduct of its business, or ability to perform its obligations under this Loan Agreement, the Promissory Note, the Security Documents or any other agreement, document, obligation, or transaction contemplated by this Loan Agreement.
No Pending or Threatened Litigation. Borrowers represent and warrant that, except as set forth on Schedule 4.6, there are no actions, suits, or proceedings pending or, to Borrowers’ knowledge, threatened against or affecting Borrowers in any court or before any governmental commission, board, or authority which, if adversely determined, would have a Material Adverse Effect.
No Pending or Threatened Litigation. Borrower represents and warrants that except as Lender has been otherwise advised in writing, or as otherwise disclosed in Borrower's prospectus or other filings with the SEC, there are no actions, suits, or proceedings pending or, to Borrower's knowledge, threatened against or affecting Borrower or Acquisition in any court or before any governmental commission, board, or authority which, if adversely determined, would have a Material Adverse Effect on Borrower's or Acquisition's financial condition, conduct of Borrower's or Acquisition's business, or ability to perform Borrower's obligations under the Loan Documents.
No Pending or Threatened Litigation. No pending or threatened litigation exists which if determined adversely would restrain the consummation of the transactions contemplated by this Agreement or would declare illegal, invalid or non-binding any of Buyer's obligations or covenants to Seller.
No Pending or Threatened Litigation. No pending or threatened litigation exists that would detrimentally impact Contractor’s ability to perform the Services under this Agreement in a material manner. [Insert any representations or warranties made by Contractor in its RFP response.] Contractor’s Insurance. [The following insurance levels assume that there is no University equipment on the Contractor’s site. If Contractor has University equipment (servers etc.) onsite, please request Risk Management’s review.]
No Pending or Threatened Litigation. Borrower represents and warrants to Lender that, except as set forth on Schedule 5.5 (as such schedule may be updated from time to time upon notice by Borrower to Lender), there are no actions, suits, or proceedings pending or, to Borrower’s knowledge, threatened against or affecting Borrower in any court or before any governmental commission, board, or authority which, if adversely determined, would have a Material Adverse Effect.
