Common use of Litigation and Environmental Matters Clause in Contracts

Litigation and Environmental Matters. (a) Except as set forth on Schedule 3.06(a), there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a Loan Party, threatened in writing against or affecting any Loan Party as to which there is a reasonable expectation of an adverse determination which, if adversely determined, would reasonably be expected individually or in the aggregate to result in a Material Adverse Effect (other than Disclosed Matters).

Appears in 11 contracts

Samples: Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.)

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Litigation and Environmental Matters. (a) Except as set forth on in Schedule 3.06(a)3.07 attached hereto, there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a Loan Partythe respective Credit Parties, threatened in writing against or affecting any Loan Credit Party (i) as to which there is a reasonable expectation possibility of an adverse determination whichand that, if adversely determined, would reasonably be expected expected, individually or in the aggregate aggregate, to result in a Material Adverse Effect or (other than Disclosed Matters)ii) that involve this Agreement or the Transactions.

Appears in 4 contracts

Samples: Credit Agreement (SmartStop Self Storage REIT, Inc.), Credit Agreement (SmartStop Self Storage REIT, Inc.), Credit Agreement (SmartStop Self Storage REIT, Inc.)

Litigation and Environmental Matters. (a) Except as set forth on in Schedule 3.06(a)3.07 attached hereto, there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a Loan Partythe Borrower, threatened in writing against or affecting any Loan Credit Party (i) as to which there is a reasonable expectation possibility of an adverse determination whichand that, if adversely determined, would could reasonably be expected expected, individually or in the aggregate aggregate, to result in a Material Adverse Effect or (other than Disclosed Matters)ii) that involve this Agreement or the Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Strategic Storage Trust IV, Inc.), Credit Agreement (Strategic Storage Trust II, Inc.), Credit Agreement (Griffin Capital Essential Asset REIT, Inc.)

Litigation and Environmental Matters. (a) Except as set forth disclosed on Schedule 3.06(a)3.06 annexed hereto, there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a Loan Partyany Borrower, threatened in writing against or affecting any Loan Credit Party as to which there is a reasonable expectation or any of an adverse determination its Subsidiaries (i) which, if adversely determined, would could reasonably be expected expected, individually or in the aggregate aggregate, to result in a Material Adverse Effect in respect of any Credit Party or (other than Disclosed Matters)ii) that involve this Agreement or the Transactions.

Appears in 3 contracts

Samples: Credit Agreement (Drew Industries Incorporated), Credit Agreement (Drew Industries Incorporated), Credit Agreement (Drew Industries Incorporated)

Litigation and Environmental Matters. (a) Except as set forth on Schedule 3.06(a)3.06, there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority (including, without limitation, the FDA) pending against or, to the actual knowledge of Responsible Officers of a any Loan Party, threatened in writing against or affecting any Loan Party or any of its Subsidiaries (i) as to which there is a reasonable expectation possibility of an adverse determination whichand that, if adversely determined, would reasonably be expected expected, individually or in the aggregate aggregate, to result in a Material Adverse Effect or (other than Disclosed Matters)ii) that involve the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Chefs' Warehouse, Inc.), Credit Agreement (Chefs' Warehouse, Inc.), Credit Agreement (Chefs' Warehouse, Inc.)

Litigation and Environmental Matters. (a) Except as set forth on Schedule 3.06(a), there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a Loan Party, threatened in writing against or affecting any Loan Party (i) as to which there is a reasonable expectation of an adverse determination which, if adversely determined, would reasonably be expected individually or in the aggregate to result in a Material Adverse Effect (other than Disclosed Matters)) or (ii) that involve any of the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (COHOES FASHIONS of CRANSTON, Inc.), Credit Agreement (COHOES FASHIONS of CRANSTON, Inc.), Credit Agreement (Burlington Coat Factory Investments Holdings, Inc.)

Litigation and Environmental Matters. (a) Except as set forth on in Schedule 3.06(a)3.07 attached hereto, there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a Loan Partythe respective Credit Parties, threatened in writing against or affecting any Loan Credit Party (i) as to which there is a reasonable expectation possibility of an adverse determination whichand that, if adversely determined, would could reasonably be expected expected, individually or in the aggregate aggregate, to result in a Material Adverse Effect or (other than Disclosed Matters)ii) that involve this Agreement or the Transactions.

Appears in 2 contracts

Samples: Credit Agreement (Strategic Storage Trust IV, Inc.), Credit Agreement (Strategic Storage Trust II, Inc.)

Litigation and Environmental Matters. (a) Except as set forth on Schedule 3.06(a)3.06, there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority (including, without limitation, the FDA) pending against or, to the actual knowledge of Responsible Officers of a any Loan Party, threatened in writing against or affecting any Loan Party or any of its Subsidiaries (i) as to which there is a reasonable expectation possibility of an adverse determination whichand that, if adversely determined, would could reasonably be expected expected, individually or in the aggregate aggregate, to result in a Material Adverse Effect or (other than Disclosed Matters)ii) that involve the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Chefs' Warehouse, Inc.), Credit Agreement (Chefs' Warehouse, Inc.)

Litigation and Environmental Matters. (a) Except as for the matters set forth on Schedule 3.06(a), there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a Loan Partythe Borrowers, threatened in writing against or affecting any Loan Party (i) as to which there is a reasonable expectation possibility of an adverse determination and which, if adversely determined, would could reasonably be expected expected, individually or in the aggregate aggregate, to result in a Material Adverse Effect Effect, or (other than Disclosed Matters)ii) that involve any of the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Trans World Entertainment Corp), Credit Agreement (Trans World Entertainment Corp)

Litigation and Environmental Matters. (a) Except as set forth on Schedule 3.06(a)3.06, there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a the Loan PartyParties, threatened in writing against or affecting any Loan Party or any Subsidiary as to which there is a reasonable expectation possibility of an adverse determination which, if adversely determined, would could reasonably be expected individually or in the aggregate to result in a Material Adverse Effect (other than Disclosed Matters).

Appears in 2 contracts

Samples: Credit Agreement (American Apparel, Inc), Credit Agreement (Endeavor Acquisition Corp.)

Litigation and Environmental Matters. (a) Except Other than as set forth listed on Schedule 3.06(a)3.06, there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a any Loan Party, threatened in writing against or affecting the Loan Parties or any Loan Party as to of their Subsidiaries (i) which there is a reasonable expectation of an adverse determination which, if adversely determined, would reasonably be expected expected, individually or in the aggregate aggregate, to result in a Material Adverse Effect or (other than Disclosed Matters)ii) that involve any Loan Documents or the Transactions.

Appears in 1 contract

Samples: Credit Agreement (Amscan Holdings Inc)

Litigation and Environmental Matters. (a) Except as set forth on Schedule 3.06(a4.6(a), there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a Loan Partythe Credit Parties, threatened in writing against or affecting any Loan Credit Party as to which there is a reasonable expectation possibility of an adverse determination whichand that, if adversely determined, would could reasonably be expected expected, individually or in the aggregate aggregate, to result in a Material Adverse Effect (other than Disclosed Matters)Effect.

Appears in 1 contract

Samples: Term Loan Agreement (Lev Pharmaceuticals Inc)

Litigation and Environmental Matters. (a) Except as set forth on Schedule 3.06(a), there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a Loan Party, threatened in writing against or affecting any Loan Party as to which there is a reasonable expectation of an adverse determination which, if adversely determined, would reasonably be expected individually or in the aggregate to result in a Material Adverse Effect (other than Disclosed Matters)Effect.

Appears in 1 contract

Samples: Credit Agreement (Burlington Stores, Inc.)

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Litigation and Environmental Matters. (a) Except as set forth on in Schedule 3.06(a)3.06 to the Disclosure Letter, there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a Loan Partythe Borrower, threatened in writing against or affecting the Borrower or any Loan Party as to which there is a reasonable expectation of an adverse determination which, if adversely determined, would that could reasonably be expected expected, individually or in the aggregate aggregate, to result in a Material Adverse Effect (other than Disclosed Matters)Effect.

Appears in 1 contract

Samples: Credit Agreement (A10 Networks, Inc.)

Litigation and Environmental Matters. (a) Except as set forth on Schedule 3.06(a)3.06, there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a any Loan Party, threatened in writing against or affecting the Loan Parties or any Loan Party of their Subsidiaries as to which there is a reasonable expectation possibility of an adverse determination whichand that, if adversely determined, would could reasonably be expected expected, individually or in the aggregate aggregate, to result in a Material Adverse Effect (other than Disclosed Matters)Effect.

Appears in 1 contract

Samples: Credit Agreement (Maytag Corp)

Litigation and Environmental Matters. (a) Except as for the matters set forth on Schedule 3.06(a), there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a Loan Partythe Borrowers, threatened in writing against or affecting any Loan Party (i) as to which there is a reasonable expectation possibility of an adverse determination whichand that, if adversely determined, would could reasonably be expected expected, individually or in the aggregate aggregate, to result in a Material Adverse Effect or (other than Disclosed Matters)ii) that involve any of the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Wet Seal Inc)

Litigation and Environmental Matters. (a) Except as set forth on Schedule 3.06(a)3.06, there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a the Loan PartyParties, threatened in writing against or affecting any Loan Party as to 66 which there is a reasonable expectation possibility of an adverse determination which, if adversely determined, would could reasonably be expected individually or in the aggregate to result in a Material Adverse Effect (other than Disclosed Matters).

Appears in 1 contract

Samples: Credit Agreement (American Apparel, Inc)

Litigation and Environmental Matters. (a) i. Except as set forth on Schedule 3.06(a), there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a Loan Party, threatened in writing against or affecting any Loan Party (i) as to which there is a reasonable expectation of an adverse determination which, if adversely determined, would reasonably be expected individually or in the aggregate to result in a Material Adverse Effect (other than Disclosed Matters)) or (ii) that involve any of the Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Burlington Stores, Inc.)

Litigation and Environmental Matters. (a) Except as set forth on Schedule 3.06(a4.6(a), there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a any Loan Party, threatened in writing against or affecting any Loan Party member of the Holdings Group (i) as to which there is a reasonable expectation possibility of an adverse determination whichand that, if adversely determined, would could reasonably be expected expected, individually or in the aggregate aggregate, to result in a Material Adverse Effect or (other than Disclosed Matters)ii) that involve any of the Loan Documents or the Transactions.

Appears in 1 contract

Samples: Credit Agreement (D&f Industries Inc)

Litigation and Environmental Matters. (a) Except as set forth on Schedule 3.06(a)3.06, there are no actions, suits or proceedings by or before any arbitrator or Governmental Authority pending against or, to the actual knowledge of Responsible Officers of a the Loan PartyParties, threatened in writing against or affecting any Loan Party as to which there is a reasonable expectation possibility of an adverse determination which, if adversely determined, would could reasonably be expected individually or in the aggregate to result in a Material Adverse Effect (other than Disclosed Matters).

Appears in 1 contract

Samples: Credit Agreement (Endeavor Acquisition Corp.)

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