Common use of Pending Litigation Clause in Contracts

Pending Litigation. There are no actions, suits or proceedings pending or, to the best knowledge of Borrower, threatened against or affecting Borrower or the Property in any court or before any Governmental Authority which if adversely determined either individually or collectively has or is reasonably likely to have a Material Adverse Effect.

Appears in 18 contracts

Samples: Loan and Security Agreement (Etre Reit, LLC), Ashford Hospitality Trust Inc, Mortgage, Security Agreement (Ashford Hospitality Trust Inc)

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Pending Litigation. There are no actions, suits or proceedings pending or, to the best knowledge of Borrower, threatened against or affecting Borrower Borrower, Guarantor or the Property Premises in any court or before any Governmental Authority which if adversely determined either individually or collectively has or is reasonably likely to have a Material Adverse Effect.

Appears in 6 contracts

Samples: Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Ashford Hospitality Trust Inc), Loan and Security Agreement (Ashford Hospitality Trust Inc)

Pending Litigation. There are no actions, suits or proceedings pending or, to the best knowledge of Borrower, threatened against or affecting Borrower Borrower, the Premises or the Property Collateral in any court or before any Governmental Authority which if adversely determined either individually or collectively has or is reasonably likely to have a Material Adverse Effect.

Appears in 5 contracts

Samples: Loan and Security Agreement (Morgans Hotel Group Co.), Loan and Security Agreement (Morgans Hotel Group Co.), Loan and Security Agreement (Morgans Hotel Group Co.)

Pending Litigation. There Except as previously disclosed in writing to Lender, there are no actions, suits or proceedings pending or, to the best knowledge of Borrower, threatened against or affecting Borrower or the Property in any court or before any Governmental Authority which if adversely determined either individually or collectively has or is reasonably likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Deed Of (Lightstone Value Plus Real Estate Investment Trust, Inc.), Lightstone Value Plus Real Estate Investment Trust, Inc.

Pending Litigation. There are no actions, suits or proceedings pending or, to the best knowledge of Borrower, threatened against or affecting Borrower or the Property in any court or before any Governmental Authority which if adversely determined either individually or collectively has or is reasonably likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Loan Agreement (Carter Validus Mission Critical REIT, Inc.), Credit Agreement (Wellsford Real Properties Inc)

Pending Litigation. There are is no actionsaction, suits suit, proceeding or proceedings investigation pending or, or to the best knowledge of Borrower, the Borrower threatened by or against or affecting the Borrower or the Property in property of the Borrower before any court courts/tribunals or before any Governmental Authority which if adversely determined either individually or collectively has or is reasonably likely to might have a Material Adverse EffectEffect or which might affect the validity, enforceability or performance of the Finance Documents.

Appears in 2 contracts

Samples: Facility Agreement, Facility Agreement

Pending Litigation. There are is no actionsaction, suits suit or proceedings proceeding pending or, or to the best knowledge of Borrower's knowledge, threatened threatened, against or affecting Borrower or the Property Collateral, in any court of law or equity or before any Governmental Authority governmental or quasi-governmental instrumentality, whether federal, state, county or municipal, which if would materially and adversely determined either individually or collectively has or is reasonably likely affect Borrower's ability to have a Material Adverse Effectperform under the Loan Documents.

Appears in 2 contracts

Samples: Loan Agreement (Caldera International Inc/Ut), Loan Agreement (Caldera International Inc/Ut)

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Pending Litigation. There are no actions, suits or proceedings pending or, to the best knowledge of Borrower, threatened against or affecting Borrower or the Property in any court or before any Governmental Authority which if adversely determined either individually or collectively has or is reasonably likely to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Pebblebrook Hotel Trust, Pebblebrook Hotel Trust

Pending Litigation. There are no actions, suits or proceedings pending or, to the best knowledge of each Borrower, threatened against or affecting Borrower either Borrower, Guarantor or the Property Premises in any court or before any Governmental Authority which if adversely determined either individually or collectively has or is reasonably likely to have a Material Adverse Effect.

Appears in 1 contract

Samples: Loan and Security Agreement (KBS Real Estate Investment Trust, Inc.)

Pending Litigation. There are is no actionsaction, suits suit or proceedings proceeding pending or, or to the best knowledge of Borrower, the Borrowers threatened against or otherwise affecting any Borrower or the Property in any court or before any Governmental Authority court, arbitrator or governmental department, commission, board, bureau, agency or instrumentality, which if adversely determined either individually or collectively has or is reasonably likely to would have a Material Adverse Effect.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Chrysalis International Corp)

Pending Litigation. There are is no actionsaction, suits suit or proceedings proceeding pending or, against or to the best knowledge of Borrower's knowledge, threatened threatened, against or affecting Borrower or the Property Property, in any court of law or equity or before any Governmental Authority governmental or quasi-governmental instrumentality, whether federal, state, county or municipal, which if would materially and adversely determined either individually or collectively has or is reasonably likely affect Borrower's ability to have a Material Adverse Effectperform under the Loan Documents.

Appears in 1 contract

Samples: Loan Agreement (Evans & Sutherland Computer Corp)

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