Common use of Absence of Certain Proceedings Clause in Contracts

Absence of Certain Proceedings. Neither the Company nor its subsidiaries is aware of any 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 or any of its subsidiaries, in any such case wherein an unfavorable decision, ruling or finding could reasonably be expected to 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 by the Offering Documents or which could adversely affect the validity or enforceability of, or the authority or ability of the Company to perform its obligations under the Offering Documents; and to the Company's knowledge there is not pending or contemplated any, and there has been no, investigation by the Commission involving the Company or its subsidiaries or any of their current directors or officers.

Absence of Certain Proceedings. Neither the Company nor its subsidiaries is aware of any 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 or any of its subsidiaries, in any such case wherein an unfavorable decision, ruling or finding could reasonably be expected to 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 by the Offering Loan Documents or which could adversely affect the validity or enforceability of, or the authority or ability of the Company to perform its obligations under the Offering Loan Documents; and to the Company's knowledge there is not pending or contemplated any, and there has been no, investigation by the Commission involving the Company or its subsidiaries or any of their current directors or officers.

Absence of Certain Proceedings. Neither Except as disclosed in the Company nor its subsidiaries SEC Reports, there is aware of any no action, suit, proceeding, inquiry or investigation before or by any court, public board or body, or governmental agency pending or or, to the knowledge of the Company, threatened against or affecting the Company or any of its subsidiariesCompany, in any such case wherein an unfavorable decision, ruling or finding could reasonably be expected to 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 by the Offering Documents or which could adversely affect the validity or enforceability of, or the authority or ability of the Company to perform its obligations under under, the Offering Documents; and to the best of the Company's knowledge there is not pending or contemplated any, and there has been no, investigation by the Commission SEC involving the Company or its subsidiaries or any of their current or former directors or officers.

Absence of Certain Proceedings. Neither the Company nor its subsidiaries is aware of any 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 or any of its subsidiaries, in any such case wherein an unfavorable decision, ruling or finding could reasonably be expected to 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 by the Offering Documents this Agreement or which could adversely affect the validity or enforceability of, or the authority or ability of the Company to perform its obligations under the Offering Documentsthis Agreement; and to the Company's knowledge there is not pending or contemplated any, and there has been no, investigation by the Commission involving the Company or its subsidiaries or any of their current directors or officers.