Common use of Litigation and Liabilities Clause in Contracts

Litigation and Liabilities. There are no actions, suits or proceedings pending against Xxxxx or any of its Subsidiaries or, to Holly’s knowledge, threatened against Xxxxx or any of its Subsidiaries, at law or in equity, or before or by any federal, state or foreign commission, court, board, bureau, agency or instrumentality, other than those that would not have or reasonably be expected to have, individually or in the aggregate, a Xxxxx Material Adverse Effect. There are no outstanding judgments, decrees, injunctions, awards or orders against Xxxxx or any of its Subsidiaries, other than those that would not have, individually or in the aggregate, a Xxxxx Material Adverse Effect. There are no obligations or liabilities of any nature, whether accrued, absolute, contingent or otherwise, of Xxxxx or any of its Subsidiaries, other than those liabilities and obligations (a) that are disclosed in the Xxxxx Reports, (b) that have been incurred in the ordinary course of business since September 30, 2010, (c) related to expenses associated with the transactions contemplated by this Agreement or (d) that would not have or reasonably be expected to have, individually or in the aggregate, a Xxxxx Material Adverse Effect.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Holly Corp), Agreement and Plan of Merger (Frontier Oil Corp /New/)

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Litigation and Liabilities. There are no actions, suits or proceedings pending against Xxxxx Parent or any of its Subsidiaries or, to Holly’s Parent's knowledge, threatened against Xxxxx Parent or any of its Subsidiaries, at law or in equity, or before or by any federal, state or foreign commission, court, board, bureau, agency or instrumentality, other than those that would not have or reasonably be expected to have, individually or in the aggregate, a Xxxxx Parent Material Adverse Effect. There are no outstanding judgments, decrees, injunctions, awards or orders against Xxxxx Parent or any of its Subsidiaries, other than those that would not have or reasonably be expected to have, individually or in the aggregate, a Xxxxx Parent Material Adverse Effect. There are no obligations or liabilities of any nature, whether accrued, absolute, contingent or otherwise, of Xxxxx Parent or any of its Subsidiaries, other than those liabilities and obligations (a) that are disclosed in the Xxxxx Parent Reports, (b) that have been incurred in the ordinary course of business since September 30, 20102002, (c) related to expenses associated with the transactions contemplated by this Agreement or (d) that would not have or reasonably be expected to have, individually or in the aggregate, a Xxxxx Parent Material Adverse Effect.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Ocean Energy Inc /Tx/), Employment Agreement (Devon Energy Corp/De)

Litigation and Liabilities. There are no actions, suits or proceedings pending against Xxxxx or any of its Subsidiaries or, to Holly’s knowledge, threatened against Xxxxx or any of its Subsidiaries, at law or in equity, or before or by any federal, state or foreign commission, court, board, bureau, agency or instrumentality, other than those that would not have or reasonably be expected to have, individually or in the aggregate, a Xxxxx Material Adverse Effect. There are no outstanding judgments, decrees, injunctions, awards or orders against Xxxxx or any of its Subsidiaries, other than those that would not have, individually or in the aggregate, a Xxxxx Material Adverse Effect. There are no obligations or liabilities of any nature, whether accrued, absolute, contingent or otherwise, of Xxxxx or any of its Subsidiaries, other than those liabilities and obligations (a) that are disclosed in the Xxxxx Reports, (b) that have been incurred in the ordinary course of business since September 30January 31, 20102003, (c) related to expenses associated with the transactions contemplated by this Agreement or (d) that would not have or reasonably be expected to have, individually or in the aggregate, a Xxxxx Material Adverse Effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Frontier Oil Corp /New/)

Litigation and Liabilities. There are no actions, suits or proceedings pending against Xxxxx CCHI or any of its Subsidiaries or, to HollyCCHI’s knowledge, threatened against Xxxxx CCHI or any of its Subsidiaries, at law or in equity, or before or by any federal, state or foreign commission, court, board, bureau, agency or instrumentality, other than those that would not have or reasonably be expected to have, individually or in the aggregate, a Xxxxx CCHI Material Adverse Effect. There are no outstanding judgments, decrees, injunctions, awards or orders against Xxxxx CCHI or any of its Subsidiaries, other than those that would not have, individually or in the aggregate, a Xxxxx CCHI Material Adverse Effect. There are no obligations or liabilities of any nature, whether accrued, absolute, contingent or otherwise, of Xxxxx CCHI or any of its Subsidiaries, other than those liabilities and obligations (a) that are disclosed in the Xxxxx CCHI Reports, (b) that have been incurred in the ordinary course of business since September 30May 13, 20102011, (c) related to expenses associated with the transactions contemplated by this Agreement or (d) that would not have or reasonably be expected to have, individually or in the aggregate, a Xxxxx CCHI Material Adverse Effect.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (American Post Tension, Inc.)

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Litigation and Liabilities. There are no actions, suits or proceedings pending against Xxxxx APTI or any of its Subsidiaries or, to HollyAPTI’s knowledge, threatened against Xxxxx APTI or any of its Subsidiaries, at law or in equity, or before or by any federal, state or foreign commission, court, board, bureau, agency or instrumentality, other than those that would not have or reasonably be expected to have, individually or in the aggregate, a Xxxxx an APTI Material Adverse Effect. There are no outstanding judgments, decrees, injunctions, awards or orders against Xxxxx APTI or any of its Subsidiaries, other than those that would not have, individually or in the aggregate, a Xxxxx an APTI Material Adverse Effect. There are no obligations or liabilities of any nature, whether accrued, absolute, contingent or otherwise, of Xxxxx APTI or any of its Subsidiaries, other than those liabilities and obligations (a) that are disclosed in the Xxxxx APTI Reports, (b) that have been incurred in the ordinary course of business since September 30May 13, 20102011, (c) related to expenses associated with the transactions contemplated by this Agreement or (d) that would not have or reasonably be expected to have, individually or in the aggregate, a Xxxxx an APTI Material Adverse Effect.

Appears in 1 contract

Samples: Agreement and Plan of Reorganization (American Post Tension, Inc.)

Litigation and Liabilities. There are no actions, suits or proceedings pending against Xxxxx Holly or any of its Subsidiaries or, to Holly’s 's knowledge, threatened against Xxxxx xxxxnst Holly or any of its Subsidiaries, at law or in equity, or before or by any bx xxx federal, state or foreign commission, court, board, bureau, agency or instrumentality, other than those that would not have or reasonably be expected to have, individually or in the aggregate, a Xxxxx Holly Material Adverse Effect. There are no outstanding judgments, decreesdexxxxx, injunctions, awards or orders against Xxxxx Holly or any of its Subsidiaries, other than those that would not havehavx, individually xxdividually or in the aggregate, a Xxxxx Holly Material Adverse Effect. There are no obligations or liabilities of liabilitiex xx any nature, whether accrued, absolute, contingent or otherwise, of Xxxxx Holly or any of its Subsidiaries, other than those liabilities and obligations obxxxxxions (a) that are disclosed in the Xxxxx Holly Reports, (b) that have been incurred in the ordinary course of business xxxxxess since September 30January 31, 20102003, (c) related to expenses associated with the transactions contemplated by this Agreement or (d) that would not have or reasonably be expected to have, individually or in the aggregate, a Xxxxx Holly Material Adverse Effect.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Holly Corp)

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