No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 3 contracts
Sources: Permitted Secured Refinancing and Incremental Joinder Agreement (Regal Entertainment Group), Permitted Secured Refinancing Agreement (Regal Entertainment Group), Permitted Secured Refinancing Agreement (Regal Entertainment Group)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion reasonable discretion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents or the Purchase Agreement that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.), Credit and Guaranty Agreement (Priority Technology Holdings, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the Closing Date Transactions or any of the other transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent materially impairs the Plan or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 3 contracts
Sources: Second Lien Credit and Guaranty Agreement (Movie Gallery Inc), First Lien Credit and Guaranty Agreement (Movie Gallery Inc), Revolving Credit and Guaranty Agreement (Movie Gallery Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion reasonable discretion of the Administrative Agent, singly or in the aggregate, could materially impairs the transactions contemplated by the Loan Documents or that would reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 3 contracts
Sources: Financing Agreement (Fibrogen Inc), Loan Agreement (Arrowhead Pharmaceuticals, Inc.), Financing Agreement (Blueprint Medicines Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion sole discretion of the Administrative Agent, singly or in the aggregate, materially impairs the consummation of the transactions contemplated hereunder or any of the other transactions contemplated by the Credit Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse EffectEffect (individually or in the aggregate).
Appears in 3 contracts
Sources: Credit and Guaranty Agreement (Eos Energy Enterprises, Inc.), First Omnibus Amendment to Credit Documents (Eos Energy Enterprises, Inc.), Credit and Guaranty Agreement (Eos Energy Enterprises, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding proceeding, hearing, or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Closing Date Acquisition, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Credit Documents or the Related Agreements, or that could have a Material Adverse Effect.
Appears in 3 contracts
Sources: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Transactions, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Credit Documents, the Senior Secured Notes Documents or the $125,000,000 Unsecured Debt Documents, or that could have a Material Adverse Effect.
Appears in 3 contracts
Sources: Senior Secured Revolving Credit and Guaranty Agreement (Euramax Holdings, Inc.), Senior Secured Revolving Credit and Guaranty Agreement (Euramax International, Inc.), Senior Secured Revolving Credit and Guaranty Agreement (Euramax International, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or or, to the Borrower’s knowledge, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse EffectCredit Documents, except as has been previously disclosed in writing to the Administrative Agent.
Appears in 3 contracts
Sources: Second Amendment Agreement (Mogo Finance Technology Inc.), Fifth Amendment Agreement (Mogo Finance Technology Inc.), Credit Agreement
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or or, to the knowledge of Company, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentRequisite Lenders, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Acquisition, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Credit Documents or the Related Agreements, or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (SolarWinds, Inc.), Credit and Guaranty Agreement (SolarWinds, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or to the knowledge of Holdings or the Company threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Day International Group Inc), Credit and Guaranty Agreement (Day International Group Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the Acquisition, the financing thereof or any of the other transactions contemplated by the Credit Documents or the Related Agreements, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Second Amendment (DynCorp International Inc), Credit and Guaranty Agreement (Services International LLC)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentAgent and Co-Syndication Agents, singly or in the aggregate, materially impairs the Paper Business Acquisition, the financing thereof or any of the other transactions contemplated by the Credit Documents or the Related Agreements, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Term Loan Credit and Guaranty Agreement (NewPage CORP), Revolving Credit and Guaranty Agreement (NewPage CORP)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding proceeding, hearing, or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs any of the transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (REVA Medical, Inc.), Credit and Guaranty Agreement (REVA Medical, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developmentsdevelopment, pending or threatened in any court or before any arbitrator or Governmental Authority thatAuthority, in the opinion of the Administrative Agent, that singly or in the aggregateaggregate materially impairs the Acquisition, could the financing thereof or any of the other transactions contemplated by the Credit Documents or the Related Agreements, or that would reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Kraton Polymers LLC), Credit and Guaranty Agreement (Kraton Polymers LLC)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Senior Secured Revolving Credit Agreement (Oaktree Finance, LLC), Senior Secured Revolving Credit Agreement (Oaktree Capital Group, LLC)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the Closing Date Transactions, the financing thereof or any of the other transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent materially impairs the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Taleo Corp), Credit and Guaranty Agreement (Taleo Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the financing hereunder or any of the other transactions contemplated by the Loan Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit Agreement (Alta Mesa Resources, Inc. /DE), Credit Agreement (Silver Run Acquisition Corp II)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: First Lien Credit and Guaranty Agreement (Movie Gallery Inc), Second Lien Credit and Guaranty Agreement (Movie Gallery Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs the any of the transactions contemplated by this Agreement and the other Loan Credit Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Term Loan and Guaranty Agreement (Fedders Corp /De), Revolving Loan and Guaranty Agreement (Fedders Corp /De)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or, to the knowledge of an Authorized Officer of Holdings or any Borrower, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Transactions, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Documents or the Related Agreements, or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion reasonable discretion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the other Loan Credit Documents or the Divested Business Documents, or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Speed Commerce, Inc.), Credit and Guaranty Agreement (Speed Commerce, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs any of transactions contemplated by the Credit Documents or the Related Agreements, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (American Reprographics CO), Credit and Guaranty Agreement (American Reprographics CO)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Refinancing or any of the other transactions contemplated by the Credit Documents or the Related Agreements, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (American Reprographics CO), Credit and Guaranty Agreement (American Reprographics CO)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the ABL Credit Documents, the financing thereof or any of the other Loan transactions contemplated by the Credit Documents or the ABL Credit Documents, or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\), Credit and Guaranty Agreement (Lifecore Biomedical, Inc. \De\)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority (other than the Bankruptcy Cases) that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the other Loan Credit Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Xerium Technologies Inc), Credit and Guaranty Agreement (Xerium Technologies Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion reasonable discretion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Closing Date Acquisition, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Credit Documents or the Related Agreements, or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (GPB Holdings II, LP), Credit and Guaranty Agreement (Primo Water Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or litigation, proceeding or other legal or regulatory developments, hearing pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the Related Agreements or any of the other Loan transactions contemplated by the Credit Documents or the Related Agreements, or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), Second Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentAgents, singly or in the aggregate, materially impairs the consummation of the Transactions, the financing thereof or any of the other transactions contemplated by the Loan Documents or the Senior Notes Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (RadNet, Inc.), Credit and Guaranty Agreement (RadNet, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion reasonable discretion of the Administrative Collateral Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs any of the transactions contemplated by this Agreement and the other Loan Documents Documents, the ABL Loan Documents, or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Financing Agreement (Federal Signal Corp /De/), Financing Agreement (Federal Signal Corp /De/)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could materially impairs the transactions contemplated by the Loan Documents or that would reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Second Lien Term Loan Credit Agreement (Team Inc), First Lien Term Loan Credit Agreement (Team Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentAgent and Arranger, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Equity Purchase, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this the Credit Documents or the Interest Redemption Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Hamilton Lane INC), Credit and Guaranty Agreement (Hamilton Lane INC)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in writing in any court or before any arbitrator or Governmental Authority that, in the opinion reasonable discretion of the Administrative Agent, singly or in the aggregate, could materially impairs the repayment of Existing Indebtedness or the transactions contemplated by the Loan Documents or that would reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Financing Agreement (Apellis Pharmaceuticals, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs any of the other transactions contemplated by the Credit Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority governmental authority that, in the reasonable opinion of Agent or the Administrative AgentArrangers, singly or in the aggregate, could reasonably be expected to restrain, prevent materially impairs any transactions contemplated by the Loan Documents or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and agreements, documents or instruments evidencing the other Loan Documents Related Transactions, or that could have a Material Adverse Effect.; and
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or or, to the knowledge of Borrower, threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any unstayed action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs any of the transactions contemplated by this Agreement and the other Loan Credit Documents or the Revolving Credit Documents, or that could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Sources: Senior Secured Debtor in Possession Term Loan and Guaranty Agreement (Dura Automotive Systems Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs any of transactions contemplated by the Credit Documents or the Related Agreements, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (American Reprographics CO)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court of competent jurisdiction or before any arbitrator or Governmental Authority (including, without limitation, with respect to any environmental matters) that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, restrains, prevents or otherwise imposes materially adverse conditions on the transactions contemplated by the Credit Documents and the Revolving Loan Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Impsat Acquisition or any of the other transactions contemplated by the Credit Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Global Crossing LTD)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent materially impairs the financing hereunder or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Documents Documents, or that could have cause a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion reasonable discretion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the other Loan Credit Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developmentsproceeding, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the Acquisition, the financing thereof or any of the other transactions contemplated by the Credit Documents or the Related Agreements, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the General Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Holdings Merger, the financing thereof or any of the other transactions contemplated by the Credit Documents or the Related Agreements, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Autocam International LTD)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developmentsproceeding, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the Acquisition, the financing thereof or any of the other transactions contemplated by the Credit Documents or the Related Agreements, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agents and Syndication Agent, singly or in the aggregate, materially impairs the financings and any of the other transactions contemplated by the Credit Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent, the Administrative Collateral Monitoring Agent and Syndication Agent, singly or in the aggregate, materially impairs the Reorganization, the financing thereof or any of the other transactions contemplated by the Credit Documents or the Related Agreements, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Mariner Health Care Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Note Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs any of the other transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Note Purchase Agreement (Inspired Entertainment, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and the Administrative AgentArrangers, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Transactions, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Loan Agreement (Atlantic Power Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, (x) relates to the Credit Documents or (y) could reasonably be expected to restrainmaterially impair the Transactions, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Credit Documents or that the Related Agreements, or (z) could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and Related Agreements, the payment in full of Existing Indebtedness, or any of the other Loan Documents transactions contemplated by the Credit Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Acquisition, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Credit Documents or the Related Agreements, or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding proceeding, hearing, or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Closing Date Acquisition, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Credit Documents or the Related Agreements, or that could have a Material Adverse Effect..
Appears in 1 contract
Sources: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentAgents, singly or in the aggregate, could materially impairs the execution of the Credit Documents or that would reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Closing Date Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (International Steel Group Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or or, to the knowledge of Borrower, threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Acquisition, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Credit Documents or the Acquisition Agreement, or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion reasonable discretion of the Administrative Agent, singly or in the aggregate, materially impairs the consummation of the Transactions, the financing thereof or any of the other transactions contemplated by the Note Documents or the other Transaction Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Senior Secured Note Purchase Agreement (Vahanna Tech Edge Acquisition I Corp.)
No Litigation. There shall not exist any unstayed action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs any of the transactions contemplated by this Agreement and the other Loan Credit Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Senior Secured Superpriority Debtor in Possession Credit Agreement (Lehman Brothers Holdings Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs any of the transactions contemplated by this Agreement and the other Loan Credit Documents or the Senior Secured Note Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs any of the other transactions contemplated by the Credit Documents or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Energy Transfer Partners, L.P.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion sole discretion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs any of the transactions contemplated by this Agreement and the other Loan Credit Documents or that could have would reasonably be expected to result in a Material Adverse Effect.
Appears in 1 contract
Sources: Credit Agreement (Healing Co Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion of the Administrative Agent, that singly or in the aggregate, materially impairs the Acquisition, or any of the other transactions contemplated by the Credit Documents or the Related Agreements, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Closing Date Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (American Medical Systems Holdings Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs any of the other transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Gabriel Communications Inc /De/)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding proceeding, hearing, or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the Related Agreements, the financing thereof or any of the other Loan transactions contemplated by the Credit Documents or the Related Agreements, or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs any of the transactions contemplated by this Agreement and the other Loan Credit Documents or the Related Agreements, or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Granite Broadcasting Corp)
No Litigation. There shall not exist any unstayed action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentAgent and Lenders, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs any of the transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Sources: Senior Secured Revolving Credit and Guaranty Agreement (Dura Automotive Systems Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation litigation, or proceeding or other legal or regulatory developments, pending or or, to any Restricted Person’s knowledge, threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the financing hereunder or any of the other transactions contemplated by the Loan Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have cause a Material Adverse EffectChange.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion reasonable discretion of the Administrative Agent, singly or in the aggregate, materially impairs the repayment of the Existing Indebtedness, the financing thereof or any of the other transactions contemplated by the Loan Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Financing Agreement (Metalico Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened threatened, in any court or before any arbitrator or Governmental Authority Authority, that, in the opinion reasonable discretion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs any of the transactions contemplated by this Agreement and the other Loan Credit Documents or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened (including any Environmental Claim) in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of Administrative Agent and the Administrative AgentArrangers, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Transactions, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Atlantic Power Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could would have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Ladder Capital Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened (in writing) in any court or before any arbitrator or Governmental Authority that, in the opinion reasonable discretion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Restatement Date Acquisition, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Credit Documents or the Related Agreements, or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing (other than the Cases) or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the transactions contemplated by the Credit Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent materially impairs the financing hereunder or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Acquisition Documents or the Transaction Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, impairs the financing of the Acquisition or affects any Credit Document, any Subordinated Unsecured Credit Document or any Senior Secured Credit Document, except that could not reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the making of the Loans, prevent the issuance of the Letters of Credit, the refinancing of the Existing Indebtedness, or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Syntax-Brillian Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the other Loan Credit Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Xerium Technologies Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentAgent and Syndication Agents, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Tender Offer, prevent the Stock Repurchase, the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Credit Documents or the Related Agreements, or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Entravision Communications Corp)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, materially impairs the other transactions contemplated by the Credit Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Mariner Health Care Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentAgent and Lenders, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Ambassadors International Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs any of the other transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developmentsdevelopment, pending or threatened in any court or before any arbitrator or Governmental Authority thatAuthority, in the opinion of the Administrative Agent, that singly or in the aggregateaggregate materially impairs the Repurchase, could the financing thereof or any of the other transactions contemplated by the Credit Documents or the Tender Offer Documents, or that would reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Kraton Polymers LLC)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened (in writing) in any court or before any arbitrator or Governmental Authority that, in the opinion reasonable discretion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Closing Date Acquisition, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Credit Documents or the Related Agreements, or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Acquisition, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Credit Documents or the Related Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Veterinary Centers of America Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Collateral Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impair any of the transactions contemplated by this Agreement and the other Loan Documents Documents, or that could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in writing in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs any of the transactions contemplated by this Agreement and the other Loan Credit Documents or that could reasonably be expected to have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Aurora Diagnostics Holdings LLC)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened threatened, in writing, in any court or before any arbitrator or Governmental Authority that, in the opinion reasonable discretion of the Administrative AgentAgents, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on impairs any of the transactions contemplated by this Agreement and the other Loan Documents the A/R Loan Documents or the Equipment Loan Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Financing Agreement (EVO Transportation & Energy Services, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent and Syndication Agent, singly or in the aggregate, materially impairs the financings and any of the other transactions contemplated by the Credit Documents, or that could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Second Lien Credit and Guaranty Agreement (Gentek Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrainmaterially impairs the Transaction, prevent the financing thereof or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Documents or the Transaction Documentation, or that could have a Material Adverse Effect.
Appears in 1 contract
No Litigation. There shall not exist any action, suit, investigation, litigation or litigation, proceeding or other legal or regulatory developments, hearing pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and or any of the other Loan Documents transactions contemplated by the Credit Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority that, in the reasonable opinion of the Administrative AgentAgent and Arranger, singly or in the aggregate, could materially impairs the transactions contemplated by the Credit Documents, or that would reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of the transactions contemplated by this Agreement and the other Loan Documents or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Keystone Automotive Operations Inc)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding or other legal or regulatory developments, pending or or, to the knowledge of any Credit Party, threatened in writing in any court or before any arbitrator or Governmental Authority that, in the opinion reasonable discretion of the Administrative Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent materially impairs the refinancing of the Existing Indebtedness or impose materially burdensome conditions on any of the other transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (RLJ Entertainment, Inc.)
No Litigation. There shall not exist any action, suit, investigation, litigation or proceeding litigation, proceeding, hearing or other legal or regulatory developments, pending or threatened in any court or before any arbitrator or Governmental Authority (other than the Cases) that, in the reasonable opinion of the Administrative Requisite Lenders and Syndication Agent, singly or in the aggregate, could reasonably be expected to restrain, prevent or impose materially burdensome conditions on any of impairs the transactions contemplated by this Agreement and the other Loan Documents Credit Documents, or that could have a Material Adverse Effect.
Appears in 1 contract