Common use of Claims, Etc Clause in Contracts

Claims, Etc. There shall not have been instituted or threatened in writing any claim, suit, action, proceeding or investigation against or involving Triad, Intellicall, Xxxxxx or ILD, the outcome of which would, in Triad's judgment, have a material and adverse effect on the common stock of IOS or the ability of the ILD to consummate the transactions contemplated by this Agreement or to continue as an ongoing profitable enterprise, or threatening the legality, validity or enforceability of this Agreement.

Claims, Etc. There shall not have been instituted or threatened in writing any claim, suit, action, proceeding or investigation against or involving Intellicall, Triad, Intellicall, Xxxxxx or ILD, the outcome of which would, in TriadIntellicall's judgment, have a material and adverse effect on the common stock of IOS or the ability of the ILD to consummate the transactions contemplated by this Agreement or to continue as an ongoing profitable enterprise, or threatening the legality, validity or enforceability of this Agreement.