ABSENCE OF LITIGATION definition

ABSENCE OF LITIGATION. The Borrower” is accurate in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact pertaining to the Borrower, the developer, the property manager and the Project necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading.
Sample 1

Examples of ABSENCE OF LITIGATION in a sentence

  • ABSENCE OF LITIGATION; CLAIMS..............................................

  • E.g. for two points p, q with x coordinates xp, xq, we can define the three relations definitely east, not east and not west, and definitely west, as xp xq > 3σ (p is definitely to the east of q), σ xp xq σ (p is not to the east and not the west of q) and xp xq < 3σ (p is definitely to the west of q) re- spectively.

  • I-5 ABSENCE OF LITIGATION RELATING TO THE BONDS ..................................................................................

  • NO LITIGATION ABSENCE OF LITIGATION CONCERNING THE SERIES 2010 BONDS There is no litigation pending or threatened against the Series 2010 Bonds questioning or in any matter relating to or affecting the validity of the Series 2010 Bonds.

  • NON-CONTRAVENTION; APPROVALS 19 SECTION 6.5. FINANCIAL STATEMENTS 20 SECTION 6.6. ABSENCE OF UNDISCLOSED LIABILITIES 20 SECTION 6.7. ABSENCE OF CERTAIN CHANGES OR EVENTS 20 SECTION 6.8. ABSENCE OF LITIGATION 21 SECTION 6.9. NO VIOLATION OF LAW 21 SECTION 6.10.

  • ABSENCE OF LITIGATION; CLAIMS; ABSENCE OF UNDISCLOSED LIABILITIES...................-26- SECTION 3.11.

  • SCHEDULE 4(I) PRINCIPAL MARKET CORRESPONDENCE None SCHEDULE 4(I) ABSENCE OF LITIGATION None SCHEDULE 4(X) CERTAIN FEES Pursuant to a letter dated September 10, 2012 (the “Letter”), the Company entered into an arrangement with Oberon Securities LLC (“Oberon”), pursuant to which the Company shall pay Oberon upon the execution of this Agreement, a cash fee equal to 1% of the Available Amount.

  • CONDITIONS TO COMPANY’S AND SELLERS’ OBLIGATIONS 68 7.1 REPRESENTATIONS AND WARRANTIES 68 7.2 COMPLIANCE WITH COVENANTS 69 7.3 CLOSING DOCUMENTS 69 7.4 CONSENTS AND WAIVERS 69 7.5 ABSENCE OF LITIGATION 69 8.

  • CONDITIONS TO PURCHASER’S OBLIGATIONS 66 6.1 REPRESENTATIONS AND WARRANTIES 66 6.2 COMPLIANCE WITH COVENANTS 66 6.3 CLOSING DOCUMENTS 66 6.4 RECEIPT OF THIRD PARTY CONSENTS 67 6.5 GOVERNMENTAL CONSENTS, APPROVALS AND WAIVERS 67 6.6 ABSENCE OF LITIGATION 67 6.7 REORGANIZATION.

  • As a Rollover Shareholder, KDG Investment’s Shares will not form part of the Scheme Shares and KDG Investments will not be able to vote on the Scheme at the Court Meeting nor the Rollover Arrangement at the EGM.

Related to ABSENCE OF LITIGATION

  • Pending Litigation means a proceeding in a court of law whose activity is in progress but not yet completed.

  • Disclosed Litigation has the meaning specified in Section 3.01(b).

  • Threatened litigation as used herein shall include governmental investigations and civil investigative demands. “Litigation” as used herein shall include administrative enforcement actions brought by governmental agencies. The Contractor must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, “material” refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Contract or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Contractor’s financial condition.

  • Material Litigation is defined in Section 6.7.

  • Litigation means any action, suit or proceeding before any court, mediator, arbitrator or Governmental Authority.

  • Transaction Litigation has the meaning set forth in Section 5.2(d).

  • Accounts Relief means any Relief taken into account in computing and so reducing or eliminating any provision for Tax (including deferred Tax) which appears in the balance sheet in the Completion Accounts or which was taken into account in the Completion Accounts as an asset;

  • dispute resolution proceeding ’ means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;

  • Prosecution and Maintenance means, with regard to a particular Patent, the preparation, filing, prosecution and maintenance of such Patent, as well as re-examinations, reissues and the like with respect to that Patent, together with the conduct of interferences, the defense of oppositions and other similar proceedings with respect to that Patent.

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • Informal proceedings means proceedings for probate of a will or appointment of a personal representative conducted by the probate register without notice to interested persons.

  • Internal confidentiality agreement or statement means a confidentiality agreement or any other written statement that the contractor requires any of its employees or subcontractors to sign regarding nondisclosure of contractor information, except that it does not include confidentiality agreements arising out of civil litigation or confidentiality agreements that contractor employees or subcontractors sign at the behest of a Federal agency.

  • Legal Matters In the opinion of Xxxxxx Xxxxxxx, General Counsel of Prospect Administration, administrator for Prospect Capital Corporation, a Maryland corporation (the “Company”), the certificates evidencing the Notes (the “Note Certificates”) constitute the valid and binding obligations of the Company, entitled to the benefits of the Indenture and enforceable against the Company in accordance with their terms under the laws of the State of New York subject to applicable bankruptcy, insolvency and similar laws affecting creditors’ rights generally, concepts of reasonableness and equitable principles of general applicability (including, without limitation, concepts of good faith, fair dealing and the lack of bad faith), provided that such counsel expresses no opinion as to the effect of fraudulent conveyance, fraudulent transfer or similar provision of applicable law on the conclusions expressed above. This opinion is given as of the date hereof and is limited to the law of the State of New York as in effect on the date hereof. In addition, this opinion is subject to the same assumptions and qualifications stated in the letter of Skadden, Arps, Slate, Xxxxxxx & Xxxx, LLP dated March 8, 2012, filed as Exhibit (l)(5) to the Company’s registration statement on Form N-2 (File No. 333-176637) and to the further assumptions that (i) the Note Certificates have been duly authorized by all requisite corporate action on the part of the Company and duly executed by the Company under Maryland law, and (ii) they were duly authenticated by the Trustee and issued and delivered by the Company against payment therefor in accordance with the terms of the Amended and Restated Selling Agent Agreement and the Indenture. Capitalized terms used in this paragraph without definition have the meanings ascribed to them in the accompanying prospectus supplement. Prospect Capital Corporation 00 Xxxx 00xx Xxxxxx, 00xx Xxxxx Xxx Xxxx, Xxx Xxxx 00000 In the opinion of Xxxxxxx LLP, as Maryland counsel to the Company, (i) the execution and delivery by the Company of the Indenture, dated as of February 16, 2012, as supplemented through the One Hundred Ninety-Seventh Supplemental Indenture, between the Company and American Stock Transfer & Trust Company, the One Hundred Ninety-Eighth Supplemental Indenture, between the Company and American Stock Transfer & Trust Company, the One Hundred Ninety-Ninth Supplemental Indenture, between the Company and American Stock Transfer & Trust Company, the Two Hundredth Supplemental Indenture, between the Company and American Stock Transfer & Trust Company, the Two Hundred First Supplemental Indenture, between the Company and American Stock Transfer & Trust Company, and the global notes representing the Notes issued pursuant to each such Supplemental Indenture, and the performance by the Company of its obligations thereunder, have been duly authorized by the Company and (ii) the issuance of the Notes has been duly authorized by the Company. This opinion is given to the Company as of November 18, 2013 and is limited to the laws of the State of Maryland as in effect on November 18, 2013. In addition, this opinion is subject to the same assumptions, qualifications and limitations stated in the opinion letter to the Company of Xxxxxxx LLP, dated March 8, 2012, filed as Exhibit (l)(4) to the Company’s Registration Statement on Form N-2 (File No. 333-176637). Capitalized terms used in this paragraph without definition have the meanings ascribed to them in the accompanying prospectus supplement. Very truly yours, /s/ Xxxxxxx LLP

  • Alternative dispute resolution means mediation, arbitration, conciliation, or other nonjudicial procedure that involves a neutral party in the decisionmaking process. The form of alternative dispute resolution chosen pursuant to this article may be binding or nonbinding, with the voluntary consent of the parties.

  • Patent Prosecution means the responsibility and authority for (a) preparing, filing and prosecuting applications (of all types) for any Patent, (b) paying, filing and maintenance fees relating to any Patent, (c) managing any interference, opposition, re-issue, reexamination, revocation, nullification, or cancellation proceeding relating to the foregoing, (d) deciding to abandon Patent(s) and (e) settling any interference, opposition, revocation, nullification or cancellation proceeding.

  • Environmental Proceedings means any judicial or administrative proceedings arising from or in any way associated with any Environmental Requirement.

  • Dispute Resolution Process means the process described in clause 9

  • criminal proceedings means criminal proceedings in relation to which the strict rules of evidence apply;

  • Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.

  • Dispute Resolution means the procedure set forth in this LGIP for resolution of a dispute between the Parties.

  • Third Party Claims has the meaning set forth in Section 11.1.

  • CCAA Proceedings means the proceedings commenced by the Applicant under the CCAA as contemplated by the Initial Order;

  • Complaint Investigation means an investigation of any complaint that has been made to a proper authority that is not covered by an abuse investigation.

  • Environmental Judgments and Orders means all judgments, decrees or orders arising from or in any way associated with any Environmental Requirements, whether or not entered upon consent or written agreements with an Environmental Authority or other entity arising from or in any way associated with any Environmental Requirement, whether or not incorporated in a judgment, decree or order.

  • Order and Final Judgment means the order and final judgment of the Court approving the Settlement Agreement, as described in Section II(E)(7) below.