Common use of Litigation; Commercial Tort Claims Clause in Contracts

Litigation; Commercial Tort Claims. Except as set forth on Schedule 6.01(f), (i) there is no pending or, to the knowledge of any Loan Party, threatened (in writing) action, suit or proceeding affecting any Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) could reasonably be expected to result in an adverse determination, and if so adversely determined, could reasonably be expected to have a Material Adverse Effect or (B) seeks to enjoin any transaction contemplated hereby or by any Loan Document and (ii) as of the Effective Date, none of the Loan Parties holds any commercial tort claims in respect of which a claim in excess of $500,000 has been filed in a court of law or a written notice by an attorney has been given to a potential defendant.

Litigation; Commercial Tort Claims. Except as set forth on in Schedule 6.01(f), (i) there is no pending or, to the knowledge of any Loan Party, threatened (in writing) action, suit or proceeding affecting any Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) could reasonably be expected to result in an adverse determination, and if so adversely determined, could reasonably be expected to have a Material Adverse Effect or (B) as of the Effective Date, calls into question the validity or enforceability of, or otherwise seeks to enjoin invalidate, this Agreement or any transaction contemplated hereby or by any other Loan Document Document, and (ii) except as set forth on Schedule 6.01(f), as of the Effective Date, none of the Loan Parties holds any commercial tort claims in respect of which a claim in excess of $500,000 has been filed in a court of law or a written notice by an attorney has been given to a potential defendant.

Litigation; Commercial Tort Claims. Except as set forth on in Schedule 6.01(f5.01(f), (i) there is no pending or, to the best knowledge of any Loan Party, threatened (in writing) action, suit or proceeding affecting any Loan Party or any of its properties Subsidiaries before any court or other Governmental Authority or any arbitrator that (A) could reasonably be expected to result in an adverse determination, and if so adversely determined, could reasonably be expected to have have, either individually or in the aggregate, a Material Adverse Effect or (B) seeks relates to enjoin this Agreement, any other Loan Document or Related Transaction Document or any transaction contemplated hereby or by any Loan Document thereby and (ii) as of the Effective Closing Date, none of the Loan Parties holds any commercial tort claims in respect of which a claim in excess of $500,000 has been filed in a court of law or a written notice by an attorney has been given to a potential defendant.

Litigation; Commercial Tort Claims. Except as set forth on Schedule 6.01(f), (i) there is no pending or, to the knowledge of any Loan Party, threatened (in writing) action, suit or proceeding affecting any Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) could reasonably be expected to result in an adverse determination, and if so adversely determined, could reasonably be expected to have a Material Adverse Effect or (B) seeks to enjoin any transaction contemplated hereby or by any Loan Document and (ii) as of the Effective Date, none of the Loan Parties holds any commercial tort #97100791v3 claims in respect of which a claim in excess of $500,000 has been filed in a court of law or a written notice by an attorney has been given to a potential defendant.

Litigation; Commercial Tort Claims. Except as set forth on Schedule 6.01(f), (i) there is no pending or, to the knowledge of any Loan Party, threatened (in writing) action, suit or proceeding affecting any Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) could reasonably be expected to result in an adverse determination, and if so adversely determined, could reasonably be expected to have a Material Adverse Effect or (B) seeks to enjoin any transaction contemplated hereby or 101 #97889169v6 by any Loan Document and (ii) as of the Effective Date, none of the Loan Parties holds any commercial tort claims in respect of which a claim in excess of $500,000 has been filed in a court of law or a written notice by an attorney has been given to a potential defendant.

Litigation; Commercial Tort Claims. Except as set forth on in Schedule 6.01(f), (i) there is no pending or, to the best knowledge of any Loan Party, threatened (in writing) action, suit or proceeding affecting any Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) if such action, suit or proceeding could reasonably be expected to result in an adverse determination, and if so be adversely determined, could reasonably be expected to have a Material Adverse Effect or (B) seeks relates to enjoin this Agreement or any other Loan Document or any transaction contemplated hereby or by any Loan Document thereby and (ii) as of the Effective Date, none of the Loan Parties holds any commercial tort claims in respect of which a claim in excess of $500,000 has been filed in a court of law or a written notice by an attorney has been given to a potential defendant.

Litigation; Commercial Tort Claims. Except as set forth on in Schedule 6.01(f), (i) there is no pending or, to the knowledge of any Loan Party, threatened (in writing) action, suit or proceeding affecting any Loan Party or any of its properties before any court or other Governmental Authority (including, without limitation, the ATF) or any arbitrator that (A) could reasonably be expected to result in if adversely determined (and provided there is a reasonable chance of an adverse determination, and if so adversely determined), could reasonably be expected to have a Material Adverse Effect or (B) seeks relates to enjoin this Agreement or any other Loan Document or any transaction contemplated hereby or by any Loan Document thereby and (ii) as of the Effective Date, none of the Loan Parties holds any commercial tort claims in respect of which a claim in excess of $500,000 has been filed in a court of law or a written notice by an attorney has been given to a potential defendant.

Litigation; Commercial Tort Claims. Except as set forth on in Schedule 6.01(f), (i) there is no pending or, to the best knowledge of any Loan Party, threatened (in writing) action, suit or proceeding affecting any Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator (except with respect to any action, suit or proceeding expressly addressed in Section 6.01(r)) that (A) could reasonably be expected to result in an adverse determination, and if so adversely determined, could reasonably be expected to have a Material Adverse Effect or (B) seeks relates to enjoin this Agreement or any other Loan Document or any transaction contemplated hereby or by any Loan Document thereby and (ii) as of the Effective Date, none of the Loan Parties holds any commercial tort claims claims, with a claim exceeding $100,000, in respect of which a claim in excess of $500,000 has been filed in a court of law or a written notice by an attorney has been given to a potential defendant.