Common use of Absence of Certain Proceedings Clause in Contracts

Absence of Certain Proceedings. There exists no action, suit, proceeding, inquiry or investigation before or by any court, public board or body, or governmental agency pending or threatened against or affecting the Company, in any such case wherein an unfavorable decision, ruling or finding would have a material adverse effect on the business, properties, operations, condition (financial or other), results of operations or prospects of the Company, or the transactions contemplated hereunder or which could adversely affect the validity or enforceability of, or the authority or ability of the Company to perform its obligations hereunder; and to the Company’s knowledge there is not pending or contemplated any, and there has been no, investigation by the SEC involving the Company or any of its current or former directors or officers.

Absence of Certain Proceedings. There exists is no action, suit, claim, proceeding, inquiry or investigation before or by any court, public board board, government agency, self-regulatory organization or bodybody pending or, to the knowledge of the Company or governmental agency pending or any of its Subsidiaries, threatened against or affecting the CompanyCompany or any of its Subsidiaries, or their respective businesses, properties or assets or their officers or directors in any such case wherein an unfavorable decisiontheir capacity as such, ruling or finding that would have a material adverse effect on Material Adverse Effect. The Company is unaware of any facts or circumstances which might give rise to any of the businessforegoing. There has not been, properties, operations, condition (financial or other), results of operations or prospects and to the knowledge of the Company, or the transactions contemplated hereunder or which could adversely affect the validity or enforceability of, or the authority or ability of the Company to perform its obligations hereunder; and to the Company’s knowledge there is not pending or contemplated anycontemplated, and there has been no, any investigation by the SEC involving the Company, any of its Subsidiaries or any current or former director or executive officer of the Company or any of its current or former directors or officersSubsidiaries.