Common use of Absence of Certain Proceedings Clause in Contracts

Absence of Certain Proceedings. Except as described in the SEC Reports, (i) neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving (A) a claim of violation of or liability under federal or state securities laws or (B) a claim of breach of fiduciary duty; (ii) the Company does not have pending before the Commission any request for confidential treatment of information and the Company has no knowledge of any expected such request that would be made prior to the Effectiveness Date (as defined in the Registration Rights Agreement); and (iii) there has not been, and to the best of the Company's knowledge 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.

Absence of Certain Proceedings. Except as described in the SEC ReportsDocuments, (i) neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving (A) a claim of violation of or liability under federal or state securities laws or (B) a claim of breach of fiduciary duty; (ii) the Company does not have pending before the Commission any request for confidential treatment of information and the Company has no knowledge of any expected such request that would be made prior to the Effectiveness Date (as defined in the Registration Rights Agreement); and (iii) there has not been, and to the best of the Company's knowledge 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.

Absence of Certain Proceedings. Except as described disclosed in the SEC ReportsDocuments, (i) neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving (A) a claim of violation of or liability under federal or state securities laws or (B) a claim of breach of fiduciary duty; (ii) the . The Company does not have pending before the Commission any request for confidential treatment of information information, and the Company has no knowledge of any expected such request that would be made prior to the Effectiveness Date (request. Except as defined set forth in the Registration Rights Agreement); and (iiiSchedule 3(n) hereto, there has not been, and to the best of the Company's knowledge knowledge, 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 or any Subsidiary of the Company.

Absence of Certain Proceedings. Except as described in the SEC Reports, Documents: (i) neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving (A) a claim of violation of or liability under federal or state securities laws or (B) a claim of breach of fiduciary duty; (ii) the Company does not have pending before the Commission any request for confidential treatment of information and the Company has no knowledge of any expected such request that would be made prior to the Effectiveness Date (as defined in the Registration Rights Agreement); and (iii) there has not been, and to the best of the Company's knowledge 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.

Absence of Certain Proceedings. Except as described in the SEC ReportsDocuments, (i) neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving (A) a claim of violation of or liability under federal or state securities laws or (B) a claim of breach of fiduciary duty; (ii) the Company does not have pending before the Commission any request for confidential treatment of information information, and the Company has no knowledge of any expected such request that would could be made prior to the Effectiveness Date (as defined in the Registration Rights Agreement)Effective Date; and (iii) there has not been, and to the best of the Company's knowledge knowledge, 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.