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Pending Litigation
Pending Litigation contract clause examples
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Other than proceedings by Corning Natural Gas with the New York Public Sevice Commission and its staff, proceedings by Pike County with the Pennsylvania Public Utility Commission, proceedings with the Federal Energy Regulatory Commission, applications and proceedings with various municipal bodies with respect to permits, franchises, rights-of-way and similar actions in the ordinary course of business, of which the material applications and proceedings are listed on [Schedule 3.11] hereof, there is no action, suit, investigation or proceeding (whether or not purportedly on behalf of the Company or any of the Subsidiaries) before or by any court or governmental agency or body, domestic or foreign, now pending or, to the knowledge of the Company, threatened against or affecting the Company or any of the Subsidiaries, which in the aggregate, could reasonably be expected to have a Material Adverse Effect or materially impair the Company’s ability to perform its obligations under this Agreement.

Litigation. Except as set forth in the Reports, there is no pending or, to the best knowledge of Eastside, threatened action, suit, proceeding or investigation before any court, governmental agency or body, or arbitrator having jurisdiction over Eastside, or any of its Affiliates that would affect the execution by Eastside of, or the performance by Eastside of its obligations under, the Transaction Documents. Except as disclosed in the Reports, there is no pending or, to the best knowledge of Eastside, basis for or threatened action, suit, proceeding or investigation before any court, governmental agency or body, or arbitrator having jurisdiction over Eastside, or any of its Affiliates which litigation, if adversely determined, would have a Material Adverse Effect.

Litigation. There are no actions, suits or proceedings pending or, to AVANT’s knowledge, threatened, against AVANT before any Governmental authority which question AVANT’s right to enter into or perform this Agreement, or which question the validity of this Agreement or any of the other Transaction Documents.

Litigation. Other than as disclosed on [Schedule 6.1(i)], there are no actions, suits, arbitrations, mediations, investigations or similar proceedings pending, or to Farmor’s knowledge, threatened, with respect to the Joint Operations, the Contract, or the environmental condition of the Contract Area, nor are there any presently outstanding judgments, decrees, injunctions, orders or awards specifically affecting the Joint Operations, the Contract, or the environmental condition of the Contract Area, nor are there any investigation by any Governmental Entity which have been commenced or are pending or threatened in writing against Farmor, which would prevent Farmor from performing its obligation under this Agreement or any other document to which it is a party, or is to become a party, pursuant to this Agreement.

Litigation. Except as previously disclosed to [[Organization C:Organization]] in writing, there are no: # actions, suits or legal, equitable, arbitration or administrative proceedings pending, or to the knowledge of [[Organization B:Organization]], threatened against [[Organization B:Organization]] which, if determined adversely to [[Organization B:Organization]], may have a Material Adverse Effect; or # outstanding or unpaid judgments against [[Organization B:Organization]].

Litigation. The Agent shall have received a written description of # all litigation or other legal or regulatory proceedings pending or, to the Borrowers’ collective knowledge, threatened in writing against or otherwise related to any of the Borrowers or the Properties and # all litigation or other legal or regulatory proceedings of a material nature pending or, to the Borrowers’ collective knowledge, threatened in writing against or otherwise related to one or more of the Principals and/or any of the Guarantors and, in each case, shall have reviewed and, in its reasonable discretion, Approved the same.

Litigation. There is no action, suit or proceeding at law or in equity by or before any court or other Governmental Authority or other agency now pending or threatened in writing against any Borrower or any Property and there is no action, suit or proceeding, at law or in equity, by or before any court or other Governmental Authority or other agency now pending or threatened in writing against any Principal or any Guarantor that has resulted in or could be expected to result in a Material Adverse Change. No Borrower has received any notice, and no Borrower has any knowledge, that any Borrower is in default under the terms of, or in violation of, any order, writ, injunction, decree, regulation or demand of any Governmental Authority.

Litigation. Any and all differences, controversies, claims or disputes of any nature whatsoever arising out of or relating to this Agreement, including the interpretation, application, execution, breach, termination or invalidity thereof (each, a “Dispute”), if not resolved through negotiations or voluntary mediation, must be resolved through litigation.

Litigation. Except as set forth on [Schedule 3.1(j)], there is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “Action”) which # adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or # could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. Except as set forth in [Schedule 3.1(j)], there has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

Litigation. As soon as possible, and in any event within ten Business Days of the Master Servicer’s knowledge thereof, the Master Servicer shall give the Administrative Agent and Funding Agents notice of # any litigation, investigation or proceedings against the SPV which may exist at any time, and # any material adverse development in any such previously disclosed litigation. No notices, waivers or communications in respect of the matters disclosed pursuant to the preceding sentence shall be required except that the Master Servicer shall give the Administrative Agent and each [[Organization B:Organization]] prompt notice of any final court decisions, at the trial level or on appeal, whether favorable or adverse, and if any judgments are rendered against the Master Servicer in respect of such matters, the amount and terms of such judgment and provisions which the Master Servicer has made to pay such judgments.

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