Common use of No Proceeding Clause in Contracts

No Proceeding. There are no proceedings or investigations pending or threatened against the Servicer, before any Governmental Authority (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the consummation of any of the transactions contemplated by this Agreement or (iii) seeking any determination or ruling that might (in the reasonable judgment of the Servicer) have a Material Adverse Effect.

Appears in 27 contracts

Samples: Credit Agreement (Gladstone Capital Corp), Credit Agreement (Gladstone Capital Corp), Credit Agreement (Gladstone Investment Corporation\de)

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No Proceeding. There are no proceedings or investigations pending or threatened against the Servicer, before any Governmental Authority (i) asserting the invalidity of this Agreement, any other Transaction Document or the Advisory Agreement, (ii) seeking to prevent the consummation of any of the transactions contemplated by this Agreement any other Transaction Document or the Advisory Agreement or (iii) seeking any determination or ruling that might (in the reasonable judgment of the Servicer) have a Material Adverse Effect.

Appears in 9 contracts

Samples: Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp)

No Proceeding. There are no proceedings or investigations pending or threatened against the Servicer, before any Governmental Authority (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the consummation of any of the transactions contemplated by this Agreement or (iii) seeking any determination or ruling that might (in the reasonable judgment of the Servicer) have a Material Adverse Effectmaterially and adversely affect the performance by the Servicer of its obligations under, or the validity or enforceability of, this Agreement.

Appears in 7 contracts

Samples: Receivables Purchase Agreement (Fidelity Leasing Inc), Purchase and Servicing Agreement (First International Bancorp Inc), Receivables Purchase Agreement (Fidelity Leasing Inc)

No Proceeding. There are no proceedings or investigations pending or ------------- threatened against the Servicer, before any Governmental Authority (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the consummation of any of the transactions contemplated by this Agreement or (iii) seeking any determination or ruling that might (in the reasonable judgment of the Servicer) have a Material Adverse Effectmaterially and adversely affect the performance by the Servicer of its obligations under, or the validity or enforceability of, this Agreement.

Appears in 2 contracts

Samples: Loan Purchase and Servicing Agreement (First International Bancorp Inc), Loan Funding and Servicing Agreement (Healthcare Financial Partners Inc)

No Proceeding. There are no proceedings or investigations pending or threatened against the Servicer, before any Governmental Authority (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the consummation of any of the transactions contemplated by this Agreement or (iii) seeking any determination or ruling that might (in the reasonable judgment of the Servicer) could reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (GSC Investment Corp.), Credit Agreement (GSC Investment Corp.)

No Proceeding. There are no proceedings or investigations pending or threatened against the Servicer, before any Governmental Authority (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the consummation of any of the transactions contemplated by this Agreement or (iii) seeking any determination or ruling that might would (in the reasonable judgment of the Servicer) be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Funding and Servicing Agreement (American Capital Strategies LTD), Credit Agreement (American Capital Strategies LTD)

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No Proceeding. There are no proceedings or investigations pending or threatened against the Servicer, before any Governmental Authority (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the consummation of any of the transactions contemplated by this Agreement or (iii) seeking any determination or ruling that might (in the reasonable judgment of the Servicer) have a Material Adverse Effect.. (h)

Appears in 1 contract

Samples: Credit Agreement (Gladstone Investment Corporation\de)

No Proceeding. There are no proceedings or investigations pending or threatened against the Servicer, before any Governmental Authority (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the consummation of any of the transactions contemplated by 62 this Agreement or (iii) seeking any determination or ruling that might (in the reasonable judgment of the Servicer) have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan Funding and Servicing Agreement (American Capital Strategies LTD)

No Proceeding. There are no proceedings or investigations pending ------------- or threatened against the Servicer, before any Governmental Authority (i) asserting the invalidity of this Agreement, (ii) seeking to prevent the consummation of any of the transactions contemplated by this Agreement or (iii) seeking any determination or ruling that might (in the reasonable judgment of the Servicer) have a Material Adverse Effectmaterially and adversely affect the performance by the Servicer of its obligations under, or the validity or enforceability of, this Agreement.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Bankvest Capital Corp)

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