Common use of Liabilities, Litigation, etc Clause in Contracts

Liabilities, Litigation, etc. As of the Agreement Date, except for liabilities incurred in the normal course of business, no Borrower Party or any Subsidiary of any Borrower Party has any liabilities exceeding (individually or in the aggregate) $7,500,000, direct or contingent, except as disclosed or referred to in the financial statements referred to in Section 5.1(k) or with respect to the Obligations and the Senior Notes. As of the Agreement Date, except as described on Schedules 5.1(n) and 5.1(y), there is no litigation, legal or administrative proceeding, investigation, or other action of any nature pending or, to the knowledge of the Borrower Parties, threatened against or affecting any Borrower Party, any Subsidiary of any Borrower Party or any of their respective properties which could reasonably be expected to result in any judgment against or liability of such Borrower Party or Subsidiary in excess of $7,500,000 individually and in the aggregate with respect to all Borrower Parties and their Subsidiaries, or the loss of any certification or license the loss of which could reasonably be expected to have a Materially Adverse Effect. None of such litigation disclosed on Schedules 5.1(n) and 5.1(y), individually or collectively, could reasonably be expected to have a Materially Adverse Effect.

Liabilities, Litigation, etc. As of the Agreement Date, except for liabilities incurred in the normal course of business, no Borrower Party or any Subsidiary of any Borrower Party has any liabilities exceeding material (individually or in the aggregate) $7,500,000liabilities, direct or contingent, except as disclosed or referred to in the financial statements referred to in Section 5.1(k) or with respect to the Obligations and or the Senior NotesSubordinated Debt. As of the Agreement Date, except as described on Schedules 5.1(n) and 5.1(y5.1(y)(1) through (6), there is no litigation, legal or administrative proceeding, investigation, or other action of any nature pending or, to the knowledge of the Borrower Parties, threatened against or affecting any Borrower Party, any Subsidiary of any Borrower Party or any of their respective properties which could reasonably be expected to result in any judgment against or liability of such Borrower Party or Subsidiary in excess of $7,500,000 individually and 500,000 in the aggregate with respect to all Borrower Parties and their Subsidiaries, or the loss of any certification or license material to the loss operation of which could reasonably be expected to have a Materially Adverse Effectsuch Borrower Party’s or Subsidiary’s business. None of such litigation disclosed on Schedules 5.1(n) and 5.1(y5.1(y)(1) through (6), individually or collectively, could reasonably be expected to have a Materially Adverse Effect.

Liabilities, Litigation, etc. As of the Agreement Date, except for liabilities incurred in the normal course of business, no Borrower Party or any Subsidiary of any a Borrower Party has any liabilities exceeding material (individually or in the aggregate) $7,500,000liabilities, direct or contingent, except as disclosed or referred to in the financial statements referred to in Section 5.1(k) or with respect to 5.1(j), the Obligations and the Senior NotesNotes Debt. As of the Agreement Date, except as described on Schedules 5.1(n5.1(m) and 5.1(y5.1(x), there is no litigation, legal or administrative proceeding, investigation, or other action of any nature pending or, to the knowledge of the Borrower Parties, threatened against or affecting any Borrower Party, Party or any Subsidiary of any a Borrower Party or any of their respective properties which could reasonably be expected to result in any judgment against or liability of such Borrower Party or Subsidiary of a Borrower Party in excess of $7,500,000 7,500,000, individually and in the aggregate with respect to all Borrower Parties and their Subsidiaries, or the loss of any certification or license material to the loss operation of which could reasonably be expected to have a Materially Adverse Effectsuch Borrower Party's or Subsidiary's business. None of such litigation disclosed on Schedules 5.1(n5.1(m) and 5.1(y5.1(x), individually or collectively, could reasonably be expected to have a Materially Adverse Effect.

Liabilities, Litigation, etc. As of the Agreement Date, except for liabilities incurred in the normal course of businessbusiness and as set forth on Schedule 5.1(n), no Borrower Credit Party or any Subsidiary of any Borrower Credit Party has any liabilities exceeding material (individually or in the aggregate) $7,500,000liabilities, direct or contingent, except as disclosed or referred to in the financial statements referred to in Section 5.1(k) or with respect to the Obligations and the Senior NotesObligations. As of the Agreement Date, except as described on Schedules 5.1(n) and 5.1(y), there is no litigation, legal or administrative proceeding, investigation, or other action of any nature pending or, to the knowledge of the Borrower Credit Parties, threatened against or affecting any Borrower Credit Party, any Subsidiary of any Borrower Credit Party or any of their respective properties (excluding workers compensation claims incurred in the ordinary course of business) which could reasonably be expected to result in any judgment against or liability of such Borrower Credit Party or Subsidiary in excess of $7,500,000 individually and 750,000 in the aggregate with respect to all Borrower Credit Parties and their Subsidiaries, or the loss of any certification or license material to the loss operation of which could reasonably be expected to have a Materially Adverse Effectsuch Credit Party’s or Subsidiary’s business. None of such litigation disclosed on Schedules 5.1(n) and 5.1(y), individually or collectively, could reasonably be expected to have a Materially Adverse Effect.

Liabilities, Litigation, etc. As of the Agreement Date, except for liabilities incurred in the normal ordinary course of business, no Borrower Party or any Subsidiary of any Borrower Party has any liabilities exceeding material (individually or in the aggregate) $7,500,000liabilities, direct or contingent, except as disclosed or referred to in the financial statements referred to in Section 5.1(k) or with respect to the Obligations and the Senior NotesObligations. As of the Agreement Date, except as described on Schedules 5.1(n) and 5.1(y)5.1(x) to the Disclosure Schedules, there is no litigation, legal or administrative proceeding, investigation, or other action of any nature pending or, to the knowledge of the Borrower Parties, threatened against or affecting any Borrower Party, any Subsidiary of any Borrower Party or any of their respective properties which could reasonably be expected to result in any judgment against or liability of such Borrower Party or Subsidiary in excess of $7,500,000 5,000,000 individually and or in the aggregate with respect to all Borrower Parties and their Subsidiaries, or the loss of any certification or license material to the loss operation of which could reasonably be expected to have a Materially Adverse Effectsuch Borrower Party’s or Subsidiary’s business. None of such litigation disclosed on Schedules 5.1(n) and 5.1(y)5.1(x) to the Disclosure Schedules, individually or collectively, could reasonably be expected to have a Materially Adverse Effect.

Liabilities, Litigation, etc. As of the Agreement Second Amendment Effective Date, except for liabilities incurred in the normal course of business, no Borrower Party or any Subsidiary of any Borrower Party has any liabilities exceeding (individually or in the aggregate) $7,500,00010,000,000, direct or contingent, except as disclosed or referred to in the financial statements referred to in Section 5.1(k) or with respect to the Obligations and the Senior NotesObligations. As of the Agreement Second Amendment Effective Date, except as described on Schedules 5.1(n5.1(m) and 5.1(y5.1(v), there is no litigation, legal or administrative proceeding, investigation, or other action of any nature pending or, to the knowledge of the Borrower Parties, threatened against or affecting any Borrower Party, any Subsidiary of any Borrower Party or any of their respective properties which could reasonably be expected to result in any judgment against or liability of such Borrower Party or Subsidiary in excess of $7,500,000 10,000,000 individually and in the aggregate with respect to all Borrower Parties and their Subsidiaries, or the loss of any certification or license the loss of which could reasonably be expected to have a Materially Adverse Effect. None of such litigation disclosed on Schedules 5.1(n5.1(m) and 5.1(y5.1(v), individually or collectively, could reasonably be expected to have a Materially Adverse Effect.