Common use of LITIGATION, CLAIMS, INVESTIGATIONS Clause in Contracts

LITIGATION, CLAIMS, INVESTIGATIONS. Except as previously disclosed ---------------------------------- in writing by Borrower to Administrative Agent, and consented to in writing by Administrative Agent: (a) no Loan Party or any Subsidiary thereof is subject to, or aware of the threat of, any Litigation which is reasonably likely to be determined adversely to any Loan Party or any Subsidiary thereof, and, if so adversely determined, could (individually or collectively with other Litigation) be a Material Adverse Event; (b) there are no outstanding orders or judgments for the payment of money in excess of $1,000,000 (individually or collectively) or any warrant of attachment, sequestration, or similar proceeding against the assets of any Loan Party or any Subsidiary thereof having a value (individually or collectively) of $1,000,000 or more which is not either (i) stayed on appeal or (ii) being diligently contested in good faith by appropriate proceedings and adequate reserves have been set aside on the books of such Loan Party or any Subsidiary thereof in accordance with GAAP; and (c) there are no formal complaints, suits, claims, investigations, or proceedings initiated at or by any Governmental Authority pending or threatened by or against any 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 Loan Party or any Subsidiary thereof that could reasonably be expected to be a Material Adverse Event.

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

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

LITIGATION, CLAIMS, INVESTIGATIONS. Except as previously disclosed ---------------------------------- in writing by Borrower to Administrative Agent, and consented to in writing by Administrative Agent: (a) no Loan Party or any Subsidiary thereof No Company is subject to, or aware of the threat of, any Litigation which is reasonably likely to be determined adversely to any Loan Party or any Subsidiary thereofCompany, and, if so adversely determined, could (individually or collectively with other Litigation) be a Material Adverse Event; (b) there . There are no outstanding orders or judgments for the payment of money in excess of $1,000,000 10,000,000 (individually or collectively) or any warrant of attachment, sequestration, or similar proceeding against the assets of any Loan Party or any Subsidiary thereof Company having a value (individually or collectively) of $1,000,000 10,000,000 or more which is not either (ia) stayed on appeal or (iib) being diligently contested in good faith by appropriate proceedings and with adequate reserves have having been set aside on the books of such Loan Party or any Subsidiary thereof Company in accordance with GAAP; and (c) . Other than the PBGC investigation resulting in the PBGC Lien, there are no formal complaints, suits, claims, investigations, or proceedings initiated at or by any Governmental Authority pending or or, to Borrower's knowledge, threatened by or against any Company (a) relating to the Ft. James Acquisition or the assets being acquired pursuanx xx the Ft. James Acquisition, (b) relating to the transactions evixxxxxd by the Loan Party Documents, or any Subsidiary thereof (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 Loan Party or any Subsidiary thereof Company that could reasonably be expected to be a Material Adverse Event.