Common use of Litigation and Pending Proceedings Clause in Contracts

Litigation and Pending Proceedings. (a) There are no claims, actions, suits, proceedings, investigations, arbitrations or mediations pending or, to the best knowledge of Blue River after due inquiry, threatened in any court or before any government agency or authority, arbitration panel or otherwise (nor does Blue River have any knowledge of a basis for any claim, action, suit, proceeding, litigation, investigation, arbitration or mediation) against, by or affecting Blue River which could have a material adverse effect on the financial condition, results of operations, business, assets or capitalization of Blue River, or which would prevent the performance of this Agreement, declare the same unlawful or cause the rescission hereof. (b) Blue River is not (i) subject to any outstanding judgment, order, writ, injunction or decree of any court, arbitration panel or governmental agency or authority having a material adverse effect on its business, assets, capitalization, financial condition or results of operations on a consolidated basis, (ii) presently charged with or under governmental investigation with respect to any actual or alleged violations of any law, statute, rule, regulation or ordinance, or (iii) the subject of any pending or, to the best knowledge of Blue River, threatened proceeding by any government regulatory agency or authority having jurisdiction over its business, properties or operations.