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) $10,000,000, 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. As of the Agreement Date, except as described on Schedules 5.1(m) and 5.1(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 $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(m) and 5.1(v), individually or collectively, could reasonably be expected to have a Materially Adverse Effect.

Liabilities, Litigation, etc. As of the Agreement Date, except 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 (individually or in the aggregate) $10,000,000material liabilities, 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 Second Lien Obligations. As of the Agreement Date, except Except as described on Schedules 5.1(m5.1(n) and 5.1(v5.1(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, 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 $10,000,000 100,000 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(m5.1(n) and 5.1(v5.1(x), individually or collectively, could reasonably be expected to have a Materially Material Adverse Effect, other than the filing of the Chapter 11 Cases.