Common use of Litigation and Contingent Liabilities Clause in Contracts

Litigation and Contingent Liabilities. No litigation (including derivative actions), arbitration proceedings or governmental proceedings are pending or, to Borrower’s knowledge, threatened against Borrower which would (singly or in the aggregate), if adversely determined, have a material and adverse effect on the consolidated assets, financial condition, continued operations or business of Borrower and its Subsidiaries, except as and if set forth (including estimates of the dollar amounts involved) in Schedule 4.8.

Litigation and Contingent Liabilities. No litigation (including derivative actions), arbitration proceedings or governmental proceedings are pending or, to Borrower’s knowledge, or threatened against Borrower which would (singly or in the aggregate), if adversely determined, have a material and adverse effect on the consolidated assets, financial condition, continued operations or business prospects of Borrower and its Subsidiariesor any Subsidiary, except as and if set forth (including estimates of the dollar amounts involved) in Schedule 4.8a schedule furnished by Borrower to Lender before this Agreement was signed.

Litigation and Contingent Liabilities. No litigation (including derivative actions), arbitration proceedings or governmental proceedings are pending or, to Borrower’s knowledge, or threatened against the Borrower or any Subsidiary which would (singly or in the aggregate), if adversely determined, have a material and adverse effect on the consolidated assets, financial condition, continued operations or business prospects of the Borrower and its Subsidiariesor such Subsidiary, except as and if set forth (including estimates of the dollar amounts involved) in on Schedule 4.86.8 attached to this Agreement.

Litigation and Contingent Liabilities. No litigation (including derivative actions), arbitration proceedings or governmental proceedings are pending or, to Borrower’s knowledge, or threatened against Borrower which would (singly or in the aggregate), if adversely determined, have a material and adverse effect on the consolidated assets, financial condition, continued operations or business prospects of Borrower and its Subsidiariesor any Subsidiary, except as and if set forth (including estimates of the dollar amounts involved) in on Schedule 4.84.8 attached to this Agreement.

Litigation and Contingent Liabilities. No litigation (including derivative actions), arbitration proceedings or governmental proceedings are pending or, to Borrower’s knowledge, or threatened against Borrower which would (singly or in the aggregate), if adversely determined, have a material and adverse effect on the consolidated assets, financial condition, continued operations or business prospects of Borrower and its Subsidiariesor any Subsidiary, except as and if set forth (including estimates of the dollar amounts involved) in Schedule 4.8a schedule furnished by Borrower or Lender before this Agreement was signed.

Litigation and Contingent Liabilities. No litigation (including derivative actions), arbitration proceedings or governmental proceedings are pending or, to Borrower’s knowledge, or threatened against the Borrower which would (singly or in the aggregate), if adversely determined, have a material and adverse effect on the consolidated assets, financial condition, continued operations or business prospects of the Borrower and its Subsidiariesor any subsidiary, except as and if set forth (including estimates of the dollar amounts involved) in Schedule 4.8a schedule furnished by the Borrower to the Lender before this Agreement was signed.

Litigation and Contingent Liabilities. No litigation (including derivative actions), arbitration proceedings or governmental proceedings are pending or, to Borrower’s knowledge, or threatened against the Borrower which would (singly or in the aggregate), if adversely determined, have a material and adverse effect on the consolidated assets, financial condition, continued operations or business prospects of the Borrower and its Subsidiariesor any subsidiary, except as and if set forth (including estimates of the dollar amounts involved) in Schedule 4.8Exhibit J hereto.

Litigation and Contingent Liabilities. No litigation (including derivative actions), arbitration proceedings or governmental proceedings are pending or, to Borrower’s knowledge, threatened against Borrower which would (singly or in the aggregate), if adversely determined, ) reasonably be expected to have a material and adverse effect on the consolidated assets, financial condition, continued operations or business of Borrower and its SubsidiariesMaterial Adverse Effect, except as and if set forth (including estimates of the dollar amounts involved) in Schedule 4.8.

Litigation and Contingent Liabilities. No litigation (including derivative actions), arbitration proceedings or governmental proceedings are pending or, to Borrower’s knowledge, or threatened against the Borrower which would (singly or in the aggregate), if adversely determined, have a material and adverse effect on the consolidated assets, financial condition, continued operations or business prospects of the Borrower and its Subsidiariesor any subsidiary, except as and if set forth (including estimates of the dollar amounts involved) in Schedule 4.8Exhibit I hereto.