Common use of Litigation, Claims and Proceedings Clause in Contracts

Litigation, Claims and Proceedings. Neither Adventist Health nor Buyer has been served with any summons, complaint or written notice to arbitrate, and no suit, litigation, claim (equitable or legal), administrative arbitration, investigation or other proceeding is pending or threatened against the respective Adventist Party by or before any court, governmental department, commission, board, bureau, agency, mediator, arbitrator or other person or instrumentality, which would materially and adversely affect Buyer’s ability to perform its obligations hereunder and consummate the transactions contemplated by this Agreement.

Litigation, Claims and Proceedings. Neither Adventist Health nor Buyer has been served with any summons, complaint or written notice to arbitrate, and no suit, litigation, claim (equitable or legal), administrative arbitration, investigation or other proceeding is pending or threatened against the respective Adventist Party by or before any court, governmental department, commission, board, bureau, agency, mediator, arbitrator or other person or instrumentality, which would materially and adversely affect BuyerXxxxx’s ability to perform its obligations hereunder and consummate the transactions contemplated by this Agreement.