Common use of Litigation, Claims and Proceedings Clause in Contracts

Litigation, Claims and Proceedings. Except as set forth in Schedule 4.17, Seller has not 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 to Seller’s knowledge, threatened, against Seller or affecting the Acquired Assets, the Hospital, or the business of Seller by or before any court, governmental department, commission, board, bureau, agency, mediator, arbitrator or other person or instrumentality, except: (a) the malpractice or negligence actions, claims, suits or proceedings set forth in Schedule 4.17; (b) the contract or general liability actions, claims, suits, or proceedings set forth in Schedule 4.17; and (c) Seller’s pending Chapter 9 Proceeding and the claims, objections and proceedings therein. None of the actions, claims, suits, proceedings and matters set forth in Schedule 4.17 materially affects the value of the Acquired Assets, materially impairs the ability of Seller to perform Seller’s obligations hereunder, or involves the likelihood of any material and adverse effect on the ability of Buyer to use the Acquired Assets purchased hereunder as previously used by Seller.

Litigation, Claims and Proceedings. ‌ . Except as set forth in Schedule 4.17, Seller has not 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 to Seller’s knowledge, threatened, against Seller or affecting the Acquired Assets, the Hospital, or the business of Seller by or before any court, governmental department, commission, board, bureau, agency, mediator, arbitrator or other person or instrumentality, except: (a) the malpractice or negligence actions, claims, suits or proceedings set forth in Schedule 4.17; (b) the contract or general liability actions, claims, suits, or proceedings set forth in Schedule 4.17; and (c) Seller’s pending Chapter 9 Proceeding and the claims, objections and proceedings therein. None of the actions, claims, suits, proceedings and matters set forth in Schedule 4.17 materially affects the value of the Acquired Assets, materially impairs the ability of Seller to perform Seller’s obligations hereunder, or involves the likelihood of any material and adverse effect on the ability of Buyer to use the Acquired Assets purchased hereunder as previously used by Seller.