Common use of Pending Litigation Clause in Contracts

Pending Litigation. There are no proceedings, actions or investigations pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary in any court or before any Governmental Authority or arbitration board or tribunal that, in the aggregate for all such proceedings, actions and investigations, could reasonably be expected to have a Material Adverse Effect.

Appears in 7 contracts

Samples: Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc), Note Purchase Agreement (Smithfield Foods Inc)

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Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal thatwhich, if adversely determined, could in the aggregate for all such proceedings, actions and investigations, could reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the properties, business, prospects, profits or condition (financial or otherwise) of the Company and its Subsidiaries. The Company is not in default with respect to any order of any court or governmental authority or arbitration board or tribunal.

Appears in 4 contracts

Samples: Note Agreement (Smith International Inc), Note Agreement (Smith International Inc), Note Agreement (Smith International Inc)

Pending Litigation. There are no proceedingsactions, actions suits or investigations proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Consolidated Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal thatwhich involve the possibility of materially and adversely affecting the properties, in business, profits or condition (financial or otherwise) of the aggregate for all such proceedingsCompany and its Consolidated Subsidiaries, actions and investigations, could reasonably be expected to have taken as a Material Adverse Effectwhole.

Appears in 4 contracts

Samples: Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp), Note Agreement (Allied Capital Corp)

Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the CompanyCompany after due inquiry, threatened against or affecting the Company or any Restricted Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal that, in the aggregate for all such proceedings, actions and investigations, which could reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Guaranty Agreement (Universal Forest Products Inc), Note Agreement (Universal Forest Products Inc), Guaranty Agreement (Universal Forest Products Inc)

Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the CompanyCompany threatened, threatened against or affecting the Company Company, any of its General Partners, its Parent or any Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal that, which would reasonably be expected to have a Material Adverse Effect. Neither the Company nor any Subsidiary is in the aggregate for all such proceedings, actions and investigations, could default with respect to any order of any court or governmental authority or arbitration board or tribunal which would reasonably be expected to have a Material Adverse Effect.

Appears in 3 contracts

Samples: Assignment Agreement (Servicemaster Co), Credit Agreement (Servicemaster LTD Partnership), Credit Agreement (Servicemaster LTD Partnership)

Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal thatwhich involve the possibility of materially and adversely affecting the properties, business, prospects, profits or condition (financial or otherwise) of the Company and its Subsidiaries. Neither the Company nor any Subsidiary is in the aggregate for all such proceedings, actions and investigations, could reasonably be expected default with respect to have a Material Adverse Effectany order of any court or governmental authority or arbitration board or tribunal.

Appears in 2 contracts

Samples: Note Agreement (PLM Equipment Growth Fund), Note Agreement (Professional Lease Management Income Fund I LLC)

Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal that, in the aggregate for all such proceedings, actions and investigations, could which would be reasonably be expected to have a Material Adverse Effect.

Appears in 2 contracts

Samples: Note Agreement (Cleveland Cliffs Inc), Note Agreement (Cleveland Cliffs Inc)

Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the CompanyCompany threatened, threatened against or affecting the Company or any Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal that, in the aggregate for all such proceedings, actions and investigations, or regulatory agency which could reasonably be expected to, individually or in the aggregate, materially and adversely affect the properties, business, prospects, profits or condition (financial or otherwise) of the Company or the ability of the Company to have a Material Adverse Effectcomply with or perform its respective obligations under the Agreement or the Notes.

Appears in 1 contract

Samples: Note Agreement (SJW Corp)

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Pending Litigation. There are no proceedingsactions, actions suits or investigations proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Consolidated Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal thatwhich involve the possibility of materially and adversely affecting (1) the properties, in business, profits or condition (financial or otherwise) of the aggregate for all such proceedingsCompany and its Consolidated Subsidiaries, actions and investigations, could reasonably be expected taken as a whole or (2) the ability of the Company to have a Material Adverse Effectperform its obligations under the Transaction Documents.

Appears in 1 contract

Samples: Remarketing and Contingent Purchase Agreement (Allied Capital Corp)

Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary its Subsidiaries in any court or before any Governmental Authority governmental authority or arbitration board or tribunal that, in the aggregate for all such proceedings, actions and investigations, which could reasonably be expected to have result in a Material Adverse Effect.

Appears in 1 contract

Samples: Note and Security Agreement (Siemann Educational Systems Inc)

Pending Litigation. (a) There are no proceedings, actions or investigations pending or, to the knowledge of the Company, threatened against or affecting the Company or of any Subsidiary in any court or before any Governmental Authority or arbitration board or tribunal that, in the aggregate for all such proceedings, actions and investigations, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Seaboard Corp /De/)

Pending Litigation. (a) There are no proceedings, actions or investigations pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary in any court or before any Governmental Authority or arbitration board or tribunal that, in the aggregate for all such proceedings, actions and investigations, could reasonably be expected to have a Material Adverse Effect.

Appears in 1 contract

Samples: Note Purchase Agreement (Hudson Foods Inc)

Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal that, in the aggregate for all such proceedings, actions and investigations, could reasonably be expected to which would have a Material Adverse Effect.

Appears in 1 contract

Samples: U S Rentals Inc

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