Proceedings and Claims power to bring, prosecute, enforce, defend and abandon applications, claims, disputes, actions, suits and proceedings in connection with all or any part of the Security Assets or this Deed in the name of the Mortgagor or in his own name and to submit to arbitration, negotiate, compromise and settle any such applications, claims, disputes, actions, suits or proceedings;
Proceedings and Claims to bring, prosecute, enforce, defend and abandon actions, suits and proceedings in relation to the Charged Assets or the business of such Chargor;
Proceedings and Claims power to bring, prosecute, enforce, defend and abandon applications, claims, disputes, actions, suits and proceedings in connection with all or any part of the Charged Portfolio or this Shares Charge in the name of the Chargor or in his own name and to submit to arbitration, negotiate, compromise and settle any such applications, claims, disputes, actions, suits or proceedings;
Proceedings and Claims. Other than the Pending Litigation and litigation described in any of the Reports referred to in subsection 4.3 of this Section 4, and except as set forth in Schedule 4.12 attached to this Agreement, (a) there are not any legal actions, suits, arbitrations or other legal, administrative or governmental proceedings or investigations pending, or to the knowledge of Harmony or Seller, threatened against Harmony or any Subsidiary, or their respective properties or businesses; (b) neither Harmony nor Seller is aware of any facts which might result in or form the basis for any such action, suit or other proceeding; (c) Harmony is not in default with respect to any judgment, order or decree of any court or any governmental agency or instrumentality; (d) neither Harmony nor any Subsidiary nor any of their respective officers has filed a case under any federal bankruptcy or insolvency laws for the restructuring of its or his or her debts within the past five (5) years, nor has any involuntary case for such restructuring been filed against Harmony or any Subsidiary or any of their respective officers pursuant to any such bankruptcy or insolvency laws within such five (5) year period; (e) no legal action or suit alleging fraud or improper business dealings has been filed against any of the officers of Harmony or any Subsidiary during the past five (5) years; (f) neither Harmony nor any officer or director of Harmony or any Subsidiary has been permanently or temporarily enjoined by any order, judgment or decree of any court or governmental agency, authority or body from engaging in or continuing any conduct or practice in connection with the business of Harmony or any Subsidiary; and (g) there is not in existence on the date of this Agreement any order, judgment or decree of any court, tribunal or agency enjoining or requiring Harmony or any Subsidiary to take any action of any kind with respect to its business, assets or properties.
Proceedings and Claims. Power to bring, prosecute, enforce, defend and abandon applications, claims, disputes, actions, suits and proceedings in connection with the business of the Company or all or any part of the Charged Property or this Debenture in the name of the Company or in his own name and to submit to arbitration, negotiate, compromise and settle any such applications, claims, disputes, actions, suits or proceedings and in addition to take or defend proceedings for the compulsory winding-up of the Company and proceedings for directions under Section 255 of the Companies Ordinance (Cap.32) of the laws of Hong Kong.
Proceedings and Claims. No Proceeding is pending (or, to the Knowledge of Seller, threatened) against Company Group, and no written Claim has been asserted against Company Group, by any former or current employee of Company Group alleging any violation of Law in connection with such Person’s employment (or termination of employment) by Company Group (including for harassment or discrimination based on race, national origin, age, sex, sexual orientation, religion, disability or similar tortious conduct, breach of contract, wrongful termination, defamation, intentional or negligent infliction of emotional distress, interference with contract or interference with actual or prospective economic advantage) or any failure of Company Group to provide any compensation or employee benefits owing to such Person.
Proceedings and Claims. There are no Proceedings pending or, to Buyer’s Knowledge, threatened against Buyer and Buyer is not subject to any Proceeding that would, individually or in the aggregate, reasonably be expected to prevent or materially delay Buyer’s ability to execute, deliver or perform this Agreement or any Ancillary Agreement, or to timely consummate the transactions contemplated hereby or thereby.
Proceedings and Claims. There are, to the knowledge of the Buyer, no Proceedings outstanding, pending or threatened against the Buyer which would or could reasonably be expected to materially affect the Buyer or its business, property or assets or prohibit, restrict or seek to enjoin or materially delay or impose material conditions in respect of the transactions contemplated by this Agreement.
Proceedings and Claims. Schedule 3.23 contains a list and summary description of each Proceeding and claim (including qui tam Proceedings and claims) pending or, to Seller’s knowledge, threatened against Seller or any Subsidiary (together with the reserve amount, if any, included in the Financial Statements for each uninsured Proceeding or claim). All such Proceedings and claims are or will be fully insured (except for applicable deductibles or self-insurance retentions) and no carrier has issued a “reservation of rights” letter or otherwise denied its obligation to insure and defend Seller against covered Losses arising therefrom. None of the Proceedings or claims described on Schedule 3.23, if determined adverse to Seller, could reasonably be expected to result, individually or in the aggregate, in a Material Adverse Change.
Proceedings and Claims. There are no judgments, liens, actions or proceedings pending against the Partnership that might result in any material adverse change in the business or properties of the Partnership, and there are no citations of violations pending against the Partnership’s business.
