Common use of LITIGATION, CLAIMS, INVESTIGATIONS Clause in Contracts

LITIGATION, CLAIMS, INVESTIGATIONS. Except as disclosed in Borrower’s Form 10-Ks and Form 10-Qs filed with the Securities and Exchange Commission as of the date hereof, no Company is subject to, or aware of the threat of, any Litigation which could reasonably be expected to be determined adversely to any Company, and, if so adversely determined, could (individually or collectively with other Litigation) be a Material Adverse Event. There are no outstanding orders or judgments for the payment of money in excess of $25,000,000 (individually or collectively) and not paid or covered by insurance or indemnified in a manner reasonably acceptable to Administrative Agent, or any warrant of attachment, sequestration, or similar proceeding against the assets of any Company having a value (individually or collectively) of $25,000,000 or more which is not either (a) stayed on appeal, or (b) being contested in good faith by appropriate proceedings diligently conducted, and against which reserves or other provisions required by GAAP have been made. Except as disclosed in Borrower’s Form 10-Ks and Form 10-Qs filed with the Securities and Exchange Commission as of the date hereof, there are no formal complaints, suits, claims, investigations, or proceedings initiated at or by any Governmental Authority pending or, to Borrower’s knowledge, threatened by or against any Company which, if adversely determined, could be a Material Adverse Event, nor any judgments, decrees, or orders of any Governmental Authority outstanding against any Company that could be a Material Adverse Event.

LITIGATION, CLAIMS, INVESTIGATIONS. Except as previously disclosed ---------------------------------- in Borrower’s Form 10-Ks writing by Borrower to Administrative Agent, and Form 10-Qs filed with the Securities and Exchange Commission as of the date hereof, consented to in writing by Administrative Agent: (a) no Company Loan Party or any Subsidiary thereof is subject to, or aware of the threat of, any Litigation which could is reasonably be expected likely to be determined adversely to any CompanyLoan Party or any Subsidiary thereof, and, if so adversely determined, could (individually or collectively with other Litigation) be a Material Adverse Event. There ; (b) there are no outstanding orders or judgments for the payment of money in excess of $25,000,000 1,000,000 (individually or collectively) and not paid or covered by insurance or indemnified in a manner reasonably acceptable to Administrative Agent, or any warrant of attachment, sequestration, or similar proceeding against the assets of any Company Loan Party or any Subsidiary thereof having a value (individually or collectively) of $25,000,000 1,000,000 or more which is not either (ai) stayed on appeal, appeal or (bii) being diligently contested in good faith by appropriate proceedings diligently conducted, and against which adequate reserves or other provisions required by GAAP have been made. Except as disclosed set aside on the books of such Loan Party or any Subsidiary thereof in Borrower’s Form 10-Ks accordance with GAAP; and Form 10-Qs filed with the Securities and Exchange Commission as of the date hereof, (c) there are no formal complaints, suits, claims, investigations, or proceedings initiated at or by any Governmental Authority pending or, to Borrower’s knowledge, or threatened by or against any Company which, if adversely determined, Loan Party or any Subsidiary thereof which could reasonably be expected to be a Material Adverse Event, nor any judgments, decrees, or orders of any Governmental Authority outstanding against any Company Loan Party or any Subsidiary thereof that could reasonably be expected to be a Material Adverse Event.

LITIGATION, CLAIMS, INVESTIGATIONS. Except as disclosed in Borrower’s Form 10-Ks and Form 10-Qs filed with the Securities and Exchange Commission as of the date hereof, no No Company is subject to, or aware of the threat of, any Litigation which could is reasonably be expected likely to be determined adversely to any Company, and, if so adversely determined, could (individually or collectively with other Litigation) be a Material Adverse Event. There are no outstanding orders or judgments for the payment of money in excess of $25,000,000 10,000,000 (individually or collectively) and not paid or covered by insurance or indemnified in a manner reasonably acceptable to Administrative Agent, or any warrant of attachment, sequestration, or similar proceeding against the assets of any Company having a value (individually or collectively) of $25,000,000 10,000,000 or more which is not either (a) stayed on appeal, appeal or (b) being diligently contested in good faith by appropriate proceedings diligently conducted, and against which with adequate reserves or other provisions required by GAAP have having been madeset aside on the books of such Company in accordance with GAAP. Except as disclosed Other than the PBGC investigation resulting in Borrower’s Form 10-Ks and Form 10-Qs filed with the Securities and Exchange Commission as of the date hereofPBGC Lien, there are no formal complaints, suits, claims, investigations, or proceedings initiated at or by any Governmental Authority pending or, to Borrower’s 's knowledge, threatened by or against any Company which(a) relating to the Ft. James Acquisition or the assets being acquired pursuanx xx the Ft. James Acquisition, if adversely determined(b) relating to the transactions evixxxxxd by the Loan Documents, or (c) which could reasonably be expected to be a Material Adverse Event, nor any judgments, decrees, or orders of any Governmental Authority outstanding against any Company that could reasonably be expected to be a Material Adverse Event.

LITIGATION, CLAIMS, INVESTIGATIONS. Except as disclosed in Borrower’s Form 's FORM 10-Ks KS and Form FORM 10-Qs QS filed with the Securities and Exchange Commission as of the date hereof, no Company is subject to, or aware of the threat of, any Litigation which could reasonably be expected to be determined adversely to any Company, and, if so adversely determined, could (individually or collectively with other Litigation) be a Material Adverse Event. There are no outstanding orders or judgments for the payment of money in excess of $25,000,000 (individually or collectively) and not paid or covered by insurance or indemnified in a manner reasonably acceptable to Administrative Agent, or any warrant of attachment, sequestration, or similar proceeding against the assets of any Company having a value (individually or collectively) of $25,000,000 or more which is not either (a) stayed on appeal, or (b) being contested in good faith by appropriate proceedings diligently conducted, and against which reserves or other provisions required by GAAP have been made. Except as disclosed in Borrower’s Form 's FORM 10-Ks KS and Form FORM 10-Qs QS filed with the Securities and Exchange Commission as of the date hereof, there are no formal complaints, suits, claims, investigations, or proceedings initiated at or by any Governmental Authority pending or, to Borrower’s 's knowledge, threatened by or against any Company which, if adversely determined, could be a Material Adverse Event, nor any judgments, decrees, or orders of any Governmental Authority outstanding against any Company that could be a Material Adverse Event.