This excerpt taken from the TXI 8-K filed Jun 25, 2009.
Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.
This excerpt taken from the TXI 8-K filed Jul 8, 2005.
SECTION 6.10 Litigation.
SECTION 6.11 Signs; Use of Company Name. Prior to December 31, 2005, Chaparral shall remove (or, if necessary, on an interim basis cover up) any and all exterior and interior signs and identifiers on the Transferred Assets that refer or pertain to TXI, any TXI Party or the Retained Business, in the case of Chaparral, or that refer or pertain to Chaparral, any Chaparral Party or the Chaparral Business on the Retained Assets, in the case of TXI.
Such removal shall be at the expense of the Party that owns the signs. After such period, (i) the Chaparral Parties shall not use or display the names Texas Industries, TXI or any variations thereof, or other Trademarks, trade names, logos or identifiers using any of such names or otherwise owned by or licensed to any TXI Party that have not been assigned or licensed to a Chaparral Party, and (ii) the TXI Parties shall not use or display the name Chaparral or any variations thereof, or other Trademarks, trade names, logos or identifiers using any of such names or otherwise owned by or licensed to any Chaparral Party that have not been assigned or licensed to a TXI Party (collectively, the Non-Permitted Names), without the prior written consent of the other Party; provided, however, that notwithstanding the foregoing, nothing contained in this Agreement shall prevent either Party from using the others name in public filings with Governmental Authorities, materials intended for distribution to either Partys stockholders or any other communication in any medium that describes the relationship between the Parties, including materials distributed to employees relating to the transition of employee benefit plans; provided further that Chaparral shall be permitted to use its inventories of packaging and promotional materials and other supplies existing on the date hereof that bear the TXI name or logo until June 30, 2006.
SECTION 6.12 Transition Services. Although neither Party is aware of any transition services that either Party will be required to provide to the other after the Distribution, for a period of one year after the Distribution if either Party discovers that it requires the continuation of any service that had been provided by the other Party prior to the Distribution, each Party will negotiate in good faith an agreement to provide such services. Such agreement will provide that such services will be provided for up to two years after the Distribution at a price and on terms that could be obtained on an arms length basis from an independent third party. Such services may include the licensing of any intellectual property rights owned by one Party and used by the other Party prior to the Distribution.