Common use of Litigation and Environmental Matters Clause in Contracts

Litigation and Environmental Matters. (a) Except as set forth on Schedule 4.5(a), no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 8 contracts

Samples: Credit and Term Loan Agreement (Healthways, Inc), Credit and Term Loan Agreement (Healthways, Inc), Credit Agreement (Piper Jaffray Companies)

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Litigation and Environmental Matters. (a) Except as set forth on Schedule 4.5(a)3.06, there are no litigationactions, investigation suits or proceeding of proceedings by or before any arbitrators arbitrator or Governmental Authorities is Authority pending against or, to the knowledge of the any Borrower, threatened in writing against or affecting the any Borrower or any of its respective Subsidiaries or any of their respective properties (i) as to which there is a reasonable possibility of an adverse determination that and that, if adversely determined, could reasonably be expected to haveexpected, either individually or in the aggregate, to result in a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of that involve this Agreement or any the other Loan DocumentDocuments.

Appears in 5 contracts

Samples: Credit Agreement (Unit Corp), Credit Agreement (Unit Corp), Credit Agreement (Unit Corp)

Litigation and Environmental Matters. (a) Except as for matters set forth on Schedule 4.5(a)4.5, no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) that is not covered fully by insurance and as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 3 contracts

Samples: Subsidiary Guarantee Agreement (Amsurg Corp), Revolving Credit Agreement (Amsurg Corp), Revolving Credit Agreement (Amsurg Corp)

Litigation and Environmental Matters. (a) Except as for the matters set forth on Schedule 4.5(a), no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Rollins Inc), Revolving Credit Agreement (Rollins Inc)

Litigation and Environmental Matters. (a) Except as set forth on Schedule 4.5(a), no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries Subsidiaries: (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect Effect, or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Revolving Credit Agreement (American Healthways Inc), Revolving Credit Agreement (American Healthways Inc)

Litigation and Environmental Matters. (a) Except as set forth on in Schedule 4.5(a)4.5, no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Pledge Agreement (Heico Corp), Revolving Credit Agreement (Heico Corp)

Litigation and Environmental Matters. (a) Except as set forth may be disclosed on Schedule 4.5(a)4.5, no litigation, investigation or proceeding of or before any arbitrators arbitra­tors, courts or other Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could is reasonably be expected likely to materially impair the value of any Material Properties or otherwise have, either individually or in the aggregate, a Material Adverse Effect Effect, or (ii) which that in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Dollar General Corp), Contribution Agreement (Dollar General Corp)

Litigation and Environmental Matters. (a) Except as for matters existing on the Closing Date and set forth on Schedule 4.5(a)4.5, no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could would reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Revolving Credit Agreement (JLG Industries Inc), Revolving Credit Agreement (JLG Industries Inc)

Litigation and Environmental Matters. (a) Except as for the matters set forth on Schedule 4.5(a), no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Easylink Services International Corp), Revolving Credit and Term Loan Agreement (Easylink Services International Corp)

Litigation and Environmental Matters. (a) Except as for the matters set forth on Schedule 4.5(a), no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Exactech Inc)

Litigation and Environmental Matters. (a) Except as for matters set forth on Schedule 4.5(a), no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) that is not covered fully by insurance and as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Revolving Credit Agreement (Amsurg Corp)

Litigation and Environmental Matters. (a) Except as for the matters set forth on Schedule 4.5(a)4.5, no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrowersuch Loan Party, threatened against or affecting the Borrower any Loan Party or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Freds Inc)

Litigation and Environmental Matters. (a) Except as for the matters set forth on Schedule 4.5(a)4.5, no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any material manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Pledge Agreement (Maximus Inc)

Litigation and Environmental Matters. (a) Except as for the matters set forth on Schedule 4.5(a), no litigation, investigation or proceeding of or before any arbitrators arbitra­tors or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Revolving Credit Agreement (Rollins Inc)

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Litigation and Environmental Matters. (a) Except as set forth on Schedule 4.5(a), no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which that in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Tivity Health, Inc.)

Litigation and Environmental Matters. (a) Except as set forth on Schedule 4.5(a), no No litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect Effect, except for the matters set forth on Schedule 4.5 or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Revolving Credit Agreement (JTH Holding, Inc.)

Litigation and Environmental Matters. (a) Except as set forth on provided in Schedule 4.5(a3.05(a), no litigation, investigation or proceeding of or before any arbitrators arbitrator or Governmental Authorities Authority is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i1) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii2) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Master Credit Agreement (Advanced BioEnergy, LLC)

Litigation and Environmental Matters. (a) Except as set forth on ------------------------------------ disclosed in Schedule 4.5(a)4.5 attached hereto, no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Revolving Credit Agreement (Mapics Inc)

Litigation and Environmental Matters. (a) Except as for matters set forth on Schedule 4.5(a), no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries the Subsidiary Loan Parties (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ndchealth Corp)

Litigation and Environmental Matters. (a) Except as set forth described on Schedule 4.5(a3.05(a), no litigation, investigation or proceeding of or before any arbitrators arbitrator or Governmental Authorities Authority is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i1) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii2) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Master Credit Agreement (Nedak Ethanol, LLC)

Litigation and Environmental Matters. (a) Except as for the matters set forth on Schedule 4.5(a)4.5, no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Revolving Credit Agreement (Maximus Inc)

Litigation and Environmental Matters. (a) Except as for the matters set forth on Schedule 4.5(a), no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that if adversely determined could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Related Transaction Document.

Appears in 1 contract

Samples: Revolving Credit Agreement (Walter Investment Management Corp)

Litigation and Environmental Matters. (a) Except as for the matters set forth on Schedule 4.5(a), no litigation, investigation or proceeding of or before any arbitrators or Governmental Authorities is pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination that could reasonably be expected to have, either individually or in the aggregate, a Material Adverse Effect or (ii) which in any manner draws into question the validity or enforceability of this Agreement or any other Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Harland John H Co)

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