Common use of Liabilities, Litigation and Restrictions Clause in Contracts

Liabilities, Litigation and Restrictions. As of the Closing Date, other than as listed under the heading "Liabilities" on Exhibit VI attached hereto, the Borrower has no liabilities, direct, or contingent, which would result in a Material Adverse Effect, except as set forth under the heading "Litigation" on Exhibit VI hereto, no litigation or other action of any nature affecting the Borrower is pending before any Governmental Authority or, to the best knowledge of the Borrower, threatened against or affecting the Borrower which might reasonably be expected to result in any material impairment of its ownership of any Collateral or have a Material Adverse Effect. To the best knowledge of the Borrower, after due inquiry, no unusual or unduly burdensome restriction, restraint or hazard exists by contract, Requirement of Law, or otherwise relative to the business or operations of the Borrower or the ownership and operation of the Collateral would result in a Material Adverse Effect, other than such as relate generally to Persons engaged in business activities similar to those conducted by the Borrower.

Liabilities, Litigation and Restrictions. As Other than as disclosed on the Financial Statements of the Closing Date, other than Borrowers dated as listed under of the heading "Liabilities" on Exhibit VI attached heretodates set forth in Section 4.1(h), the Borrower has Borrowers have no liabilities, direct, direct or contingent, which would result in a Material Adverse Effectmay materially and adversely affect its business, except operations or ownership of the Collateral. Except as set forth under the heading "Litigation" on Exhibit VI "E" hereto, no litigation or other action Litigation of any nature affecting the any Borrower is pending before any Governmental Authority Tribunal or, to the best knowledge of the any Borrower, threatened against or affecting the such Borrower which might reasonably be expected to result in any material impairment of its ownership of any Collateral or to have a Material Adverse Effect. To the best knowledge of the BorrowerBorrowers, after due inquiry, no unusual or unduly burdensome restriction, restraint or hazard exists by contract, Requirement of Law, or otherwise relative to the material business or operations of the any Borrower or the ownership and operation of a material portion of the Collateral would result in a Material Adverse Effect, other than such as relate generally to Persons engaged in business activities similar to those conducted by the any Borrower.

Liabilities, Litigation and Restrictions. As of the Closing ----------------------------------------- Date, other than as listed under the heading "Liabilities" on Exhibit VI attached hereto, the Borrower has no liabilities, direct, or contingent, which would result in a Material Adverse Effect, except as set forth under the heading "Litigation" on Exhibit VI hereto, no litigation or other action of any nature affecting the Borrower is pending before any Governmental Authority or, to the best knowledge of the Borrower, threatened against or affecting the Borrower which might reasonably be expected to result in any material impairment of its ownership of any Collateral or have a Material Adverse Effect. To the best knowledge of the Borrower, after due inquiry, no unusual or unduly burdensome restriction, restraint or hazard exists by contract, Requirement of Law, or otherwise relative to the business or operations of the Borrower or the ownership and operation of the Collateral would result in a Material Adverse Effect, other than such as relate generally to Persons engaged in business activities similar to those conducted by the Borrower.

Liabilities, Litigation and Restrictions. As of the Closing Date, other Other than as listed under the heading "“Liabilities" ” on Exhibit VI IV attached hereto, the Borrower has Borrowers have no liabilities, direct, or contingent, which would result in a Material Adverse Effect, except may materially and adversely affect its business or operations or its ownership of the Collateral. Except as set forth under the heading "“Litigation" ” on Exhibit VI IV hereto, no litigation or other action of any nature affecting the any Borrower is pending before any Governmental Authority or, to the best knowledge of the any Borrower, threatened against or affecting the any Borrower which might reasonably be expected to result in any material impairment of its ownership of any Collateral or have a Material Adverse Effect. To the best knowledge of the any Borrower, after due inquiry, no unusual or unduly burdensome restriction, restraint or hazard exists by contract, Requirement of Law, or otherwise relative to the business or operations of the any Borrower or the ownership and operation of the Collateral would result in a Material Adverse Effect, other than such as relate generally to Persons engaged in business activities similar to those conducted by the any Borrower.

Liabilities, Litigation and Restrictions. As of the Closing Date, other Other than as listed under the heading "Liabilities" on Exhibit VI attached hereto, the Borrower has no liabilities, direct, or contingent, which would result in a Material Adverse Effect, except may materially and adversely affect its business or operations or its ownership of the Collateral. Except as set forth under the heading "Litigation" on Exhibit VI hereto, no litigation or other action of any nature affecting the Borrower is pending before any Governmental Authority or, to the best knowledge of the Borrower, threatened against or affecting the Borrower which might reasonably be expected to result in any material impairment of its ownership of any Collateral or have a Material Adverse Effect. To the best knowledge of the Borrower, after due inquiry, no unusual or unduly burdensome restriction, restraint or hazard exists by contract, Requirement of Law, or otherwise relative to the business or operations of the Borrower or the ownership and operation of the Collateral would result in a Material Adverse Effect, other than such as relate generally to Persons engaged in business activities similar to those conducted by the Borrower.

Liabilities, Litigation and Restrictions. As of the Closing Date, other Other than as listed under the heading "Liabilities" on Exhibit VI IV attached hereto, the Borrower has no liabilities, direct, or contingent, which would result in a Material Adverse Effect, except may materially and adversely affect its business or operations. Except as set forth under the heading "Litigation" on Exhibit VI IV hereto, no litigation or other action of any nature affecting the Borrower is pending before any Governmental Authority or, to the best knowledge of the Borrower, threatened against or affecting the Borrower which might reasonably be expected to result in any material impairment of its ownership of any Collateral its Property or have a Material Adverse Effect. To the best knowledge of the Borrower, after due inquiry, no unusual or unduly burdensome restriction, restraint or hazard exists by contract, Requirement of Law, or otherwise relative to the business or operations of the Borrower or the ownership and operation of the Collateral would result in a Material Adverse Effect, other than such as relate generally to Persons engaged in business activities similar to those conducted by the Borrower.

Liabilities, Litigation and Restrictions. As of the Closing Date, other Other than as listed under the heading "Liabilities" on Exhibit VI V attached hereto, the Borrower has no liabilities, direct, or contingent, which would result in a Material Adverse Effect, except may materially and adversely affect its business or operations or its ownership of the Collateral. Except as set forth under the heading "Litigation" on Exhibit VI V hereto, no litigation or other action of any nature affecting the Borrower is are pending before any Governmental Authority or, to the best knowledge of the Borrower, threatened against or affecting the Borrower which might reasonably be expected to result in any material impairment of its ownership of any Collateral or have a Material Adverse Effect. To the best knowledge of the Borrower, after due inquiry, no unusual or unduly burdensome restriction, restraint or hazard exists by contract, Requirement of Law, or otherwise relative to the business or operations of the Borrower or the ownership and operation of the Collateral would result in a Material Adverse Effect, other than such as relate generally to Persons engaged in business activities similar to those conducted by the Borrower.

Liabilities, Litigation and Restrictions. As of the Closing Date, other than as listed under the heading "“Liabilities" ” on Exhibit VI V attached hereto, the Borrower has no liabilities, direct, or contingent, which would result in a Material Adverse Effect, except as set forth under the heading "“Litigation" ” on Exhibit VI V hereto, no litigation or other action of any nature affecting the Borrower is pending before any Governmental Authority or, to the best knowledge of the Borrower, threatened against or affecting the Borrower which might reasonably be expected to result in any material impairment of its ownership of any Collateral or have a Material Adverse Effect. To the best knowledge of the Borrower, after due inquiry, no unusual or unduly burdensome restriction, restraint or hazard exists by contract, Requirement of Law, or otherwise relative to the business or operations of the Borrower or the ownership and operation of the Collateral would result in a Material Adverse Effect, other than such as relate generally to Persons engaged in business activities similar to those conducted by the Borrower.

Liabilities, Litigation and Restrictions. As of Except for the Closing Dateliabilities shown in the Financial Statements referred to in Section 4.6, other than as listed under the heading "Liabilities" on Exhibit VI attached hereto, neither the Borrower nor its Subsidiaries has no any liabilities, direct, direct or contingent, which would may reasonably be expected to result in a Material Adverse Effect, except . Except as set forth on Exhibit VI under the heading "“Litigation" on Exhibit VI hereto”, no litigation or other action of any nature affecting the Borrower or its Subsidiaries is pending before any Governmental Authority or, to the best knowledge of the Borrower, threatened against or affecting the Borrower or its Subsidiaries, which might reasonably be expected to result in any material impairment of its ownership of any Collateral or have a Material Adverse EffectEffect or is not otherwise subject to the automatic stay as a result of the Bankruptcy Cases. To the best knowledge of the Borrower, after due inquiry, no unusual or unduly burdensome restriction, restraint or hazard exists by contract, Requirement of Lawlaw, governmental regulation or otherwise relative to the business or operations material Properties of the Borrower or the ownership and operation its Subsidiaries other than as a result of the Collateral would result in a Material Adverse EffectBankruptcy Cases, other than or such as relate generally to Persons engaged in the business activities similar to those conducted by the BorrowerBorrower or such Subsidiary, as the case may be.

Liabilities, Litigation and Restrictions. As Other than as disclosed on the Financial Statements of the Closing Date, other than Borrowers dated as listed under of the heading "Liabilities" on Exhibit VI attached heretodates set forth in Section 4.1(i), the Borrower has Borrowers have no liabilities, direct, direct or contingent, which would result in a Material Adverse Effectmay materially and adversely affect its business, except operations or ownership of the Collateral. Except as set forth under the heading "Litigation" on Exhibit VI "F" hereto, no litigation or other action Litigation of any nature affecting the either Borrower is pending before any Governmental Authority Tribunal or, to the best knowledge of the Borrower, threatened against or affecting the either Borrower which might reasonably be expected to result in any material impairment of its ownership of any Collateral or to have a Material Adverse Effect. To the best knowledge of the BorrowerBorrowers, after due inquiry, no unusual or unduly burdensome restriction, restraint or hazard exists by contract, Requirement of Law, or otherwise relative to the material business or operations of the Borrower Borrowers or the ownership and operation of a material portion of the Collateral would result in a Material Adverse Effect, other than such as relate generally to Persons engaged in business activities similar to those conducted by the BorrowerBorrowers.