Common use of Litigation; Adverse Effects Clause in Contracts

Litigation; Adverse Effects. (a) Except as set forth in Schedule 4.01(vii) attached hereto, there is no claim, request for equitable adjustment, termination for convenience or default, action, suit, proceeding, audit, governmental investigation or arbitration, at law or in equity, or before or by or against any Governmental Authority, pending, or to the knowledge of the Co-Borrowers, threatened against the Co-Borrowers, their Subsidiaries or Affiliates or any Property of the Co-Borrowers, their Subsidiaries or Affiliates which is reasonably likely to (1) result in any Material Adverse Effect, (2) materially and adversely affect the ability of the Co-Borrowers, their Subsidiaries and Affiliates to perform their respective obligations under the Law, any material Contractual Obligation and/or the Loan Documents or (3) materially and adversely affect the ability of the Co-Borrowers, their Subsidiaries and/or Affiliates to perform their collective Obligations or the Lenders' ability to enforce such Obligations. (b) The Co-Borrowers, their Subsidiaries or Affiliates are not (1) in violation of any applicable Law which violation has or is reasonably likely to have a Material Adverse Effect or (2) subject to or in default with respect to any final judgment, writ, injunction, decree, rule or regulation of any court or Governmental Authority which has or is reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 4.01(vii) attached hereto, there is no action, suit, proceeding or investigation pending or, threatened against or affecting the Co-Borrowers, their Subsidiaries or Affiliates challenging the validity or the enforceability of any of the Loan Documents.

Litigation; Adverse Effects. (ai) Except as set forth in Schedule 4.01(vii) attached hereto, there There is no claim, request for equitable adjustment, termination for convenience or default, action, suit, ----------------------------- proceeding, audit, governmental investigation of any Governmental Authority or arbitration, at law or in equity, or before or by or against any Governmental Authority, pending, or or, to the best knowledge of the Co-BorrowersBorrower, threatened against ATSC, the Co-Borrowers, their Subsidiaries or Affiliates Borrower or any Property Subsidiary of the Co-BorrowersBorrower or any property of any of them, their Subsidiaries or Affiliates which is would be reasonably likely expected to (1A) result in any Material Adverse Effect, (2B) materially and adversely affect the ability of any party to any of the Loan Documents to perform its obligations thereunder, or (C) materially and adversely affect the ability of the Co-Borrowers, their Subsidiaries and Affiliates Borrower to perform their respective obligations under the Law, any material Contractual Obligation and/or the Loan Documents or (3) materially and adversely affect the ability of the Co-Borrowers, their Subsidiaries and/or Affiliates to perform their collective its Obligations or the Lenders' ability to enforce such Obligations.. 61 ================================================================================ (bii) The Co-BorrowersNone of ATSC, their Subsidiaries the Borrower or Affiliates are not any Subsidiary of the Borrower is (1A) in violation of any applicable Law law which violation has or is might reasonably likely be expected to have a Material Adverse Effect Effect, or (2B) subject to or in default with respect to any final judgment, writ, injunction, decree, order, rule or regulation of any court or Governmental Authority which has or is reasonably likely to might have a Material Adverse Effect. Except as set forth in Schedule 4.01(vii) attached hereto, there There is no action, suit, proceeding or investigation pending or, to the knowledge of the Borrower, threatened against or affecting ATSC, the Co-Borrowers, their Subsidiaries Borrower or Affiliates any Subsidiary of the Borrower challenging the validity or the enforceability of any of the Loan Documents.

Litigation; Adverse Effects. (a) Except as set forth in Schedule 4.01(vii) attached hereto, there is no claim, request for equitable adjustment, termination for convenience or default, action, suit, proceeding, audit, governmental investigation or arbitration, at law or in equity, or before or by or against any Governmental Authority, pending, or to the knowledge of the Co-BorrowersBorrower, threatened against the Co-BorrowersBorrower, their its Subsidiaries or and/or its Affiliates or threatened against any Property of the Co-BorrowersBorrower, their its Subsidiaries or and its Affiliates which is reasonably likely to (1) result in any Material Adverse Effect, (2) materially and adversely affect the ability of the Co-BorrowersBorrower, their its Subsidiaries and its Affiliates to perform their respective obligations under the Law, any material Contractual Obligation and/or the Loan Documents or (3) materially and adversely affect the ability of the Co-BorrowersBorrower, their its Subsidiaries and/or its Affiliates to perform their collective Obligations or the Lenders' Lender's ability to enforce such Obligations. (b) The Co-BorrowersBorrower, their its Subsidiaries or and its Affiliates are not (1) in violation of any applicable Law which violation has or is reasonably likely to have a Material Adverse Effect or (2) subject to or in default with respect to any final judgment, writ, injunction, decree, rule or regulation of any court or Governmental Authority which has or is reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 4.01(vii) attached hereto, there is no action, suit, proceeding or investigation pending or, to the best knowledge of the Borrower, threatened against or affecting the Co-BorrowersBorrower, their its Subsidiaries or and/or its Affiliates challenging the validity or the enforceability of any of the Loan Documents.

Litigation; Adverse Effects. (a) Except as set forth in Schedule 4.01(vii) attached hereto, there is no claim, request for equitable adjustment, termination for convenience or default, action, suit, proceeding, audit, governmental investigation or arbitration, at law or in equity, or before or by or against any Governmental Authority, pending, or to the knowledge of the Co-BorrowersBorrower, threatened against the Co-BorrowersBorrower, their its Subsidiaries or and/or its Affiliates or threatened against any Property of the Co-BorrowersBorrower, their its Subsidiaries or and its Affiliates which is reasonably likely to (1) result in any Material Adverse Effect, (2) materially and adversely affect the ability of the Co-BorrowersBorrower, their its Subsidiaries and its Affiliates to perform their respective obligations under the Law, any material Contractual Obligation and/or the Loan Documents or (3) materially and adversely affect the ability of the Co-BorrowersBorrower, their its Subsidiaries and/or its Affiliates to perform their collective Obligations or the Lenders' Lender's ability to enforce such Obligations. (b) The Co-BorrowersBorrower, their its Subsidiaries or and its Affiliates are not (1) in violation of any applicable Law which violation has or is reasonably likely to have a Material Adverse Effect or (2) subject to or in default with respect to any final judgment, writ, injunction, decree, rule or regulation of any court or Governmental Authority which has or is reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 4.01(vii) attached hereto, there is no action, suit, proceeding or investigation pending or, to the best knowledge of the Borrower, threatened against or affecting the Co-BorrowersBorrower , their its Subsidiaries or and/or its Affiliates challenging the validity or the enforceability of any of the Loan Documents.

Litigation; Adverse Effects. (a) Except as set forth in Schedule SCHEDULE 4.01(vii) attached hereto, there is no claim, request for equitable adjustment, termination for convenience or default, action, suit, proceeding, audit, governmental investigation or arbitration, at law or in equity, or before or by or against any Governmental Authority, pendingpending or, or to the best knowledge of the Co-Borrowers, threatened against the Co-Borrowers, Borrowers or their Subsidiaries or Affiliates or any Property of the Co-Borrowers, Borrowers or their Subsidiaries or Affiliates which is reasonably likely to (1) result in any Material Adverse EffectChange, (2) materially and adversely affect the ability of the Co-Borrowers, Borrowers and their Subsidiaries and Affiliates to perform their respective obligations under the Law, any material Contractual Obligation and/or the Loan Documents or (3) materially and adversely affect the ability of the Co-Borrowers, Borrowers and/or their Subsidiaries and/or Affiliates to perform their collective Obligations or the Lenders' ability to enforce such Obligations. (b) The Co-Borrowers, None of the Borrowers or any of their respective Subsidiaries or Affiliates are not is (1) in violation of any applicable Law which violation has or is reasonably likely to have a Material Adverse Effect or (2) subject to or in default with respect to any final judgment, writ, injunction, decree, rule or regulation of any court or Governmental Authority which has or is reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule SCHEDULE 4.01(vii) attached hereto, there is no action, suit, proceeding or investigation pending or, threatened against or affecting the Co-Borrowers, Borrowers or their Subsidiaries or Affiliates challenging the validity or the enforceability of any of the Loan Documents.

Litigation; Adverse Effects. (a) Except as set forth in --------------------------- Schedule 4.01(vii) attached hereto, there is no claim, request for equitable adjustment, termination for convenience or default, action, suit, proceeding, audit, ------------------ governmental investigation or arbitration, at law or in equity, or before or by or against any Governmental Authority, pending, or or, to the knowledge of the Co-BorrowersBorrower, threatened against the Co-BorrowersBorrower, any of the Guarantors or any of their respective Subsidiaries or Affiliates or any Property of the Co-BorrowersBorrower, any of the Guarantors or any of their respective Subsidiaries or Affiliates which is reasonably likely to (1) result in any Material Adverse Effect, (2) materially and adversely affect the ability of the Co-BorrowersBorrower, any of the Guarantors or any of their respective Subsidiaries and or Affiliates to perform their respective obligations under the Law, any material Contractual Obligation and/or the Loan Documents or (3) materially and adversely affect the ability of the Co-Borrowers, their Subsidiaries Borrower and/or Affiliates the Guarantors to pay and/or perform their collective respective Obligations or the Lenders' Lender's ability to enforce such Obligations. (b) The Co-BorrowersNeither the Borrower, any of the Guarantors nor any of their respective Subsidiaries or Affiliates are not is (1) in violation of any applicable Law which violation has or is reasonably likely to have a Material Adverse Effect or (2) subject to or in default with respect to any final judgment, writ, injunction, decree, rule or regulation of any court or Governmental Authority which has or is reasonably likely to have a Material Adverse Effect. Except as set forth in Schedule 4.01(vii) attached hereto, there There is no action, suit, proceeding or investigation pending or, to the best knowledge of the Borrower, threatened against or affecting the Co-BorrowersBorrower, any of the Guarantors or any of their respective Subsidiaries or Affiliates challenging the validity or the enforceability of any of the Loan Documents.