Common use of Litigation; Commercial Tort Claims Clause in Contracts

Litigation; Commercial Tort Claims. Except as set forth in Schedule 6.01(f), (i) there is no pending or, to the actual knowledge of any Loan Party, threatened action, suit or proceeding affecting any Credit Party before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, could reasonably be expected to result in a Material Adverse Effect or (B) relates to this Agreement or any other Loan Document or any transaction contemplated hereby or thereby and (ii) as of the Effective Date, none of the Loan Parties holds any commercial tort claims in respect of which a claim 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 in on Schedule 6.01(f), (i) there is no pending or, to the actual best knowledge of any Loan Party, threatened action, suit or proceeding affecting any Credit Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, could reasonably be expected to result in have a Material Adverse Effect or (B) relates to this Agreement or any other Loan Document or any transaction contemplated hereby or thereby -72- and (ii) as of the Effective Date, none of the Loan Parties holds any commercial tort claims in respect of which a claim 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 in Schedule 6.01(f), (i) there is no pending or, to the actual best knowledge of any Loan Party, threatened action, suit or proceeding affecting any Credit Loan Party or any their properties or any of their directors or officers before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, could reasonably be expected to result in have a Material Adverse Effect or (B) relates to this Agreement or any other Loan Document or any transaction contemplated hereby or thereby and (ii) as of the Effective Date, none of the Loan Parties holds any commercial tort claims in respect of which a claim 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 in Schedule 6.01(f), (i) there There is no pending or, to the actual best knowledge of any Loan Party, threatened action, suit or proceeding affecting any Credit Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, could reasonably be expected to result in have a Material Adverse Effect or (B) relates to this Agreement or any other Loan Document or any transaction contemplated hereby or thereby and (ii) as of the Effective DateDate except as set forth on Schedule 6.01(f), none of the Loan Parties holds any commercial tort claims in respect of which a claim 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 in Schedule 6.01(f), (i) there is no pending or, to the actual knowledge of any Loan Party, threatened action, suit or proceeding affecting any Credit Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, could reasonably be expected to result in have a Material Adverse Effect or (B) relates to this Agreement or any other Loan Document or any transaction contemplated hereby or thereby and (ii) as of the Effective Date, none of the Loan Parties holds any commercial tort claims in respect of which a claim 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 in Schedule 6.01(f)) sets forth each active action, (i) there suit and proceeding filed against any Loan Party. There is no pending or, to the actual best knowledge of any Loan Party, threatened action, suit or proceeding affecting any Credit Loan Party before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, could reasonably be expected to result in have a Material Adverse Effect or (B) relates to this Agreement or any other Loan Transaction Document or any transaction contemplated hereby or thereby and (ii) and, as of the Effective Date, none of the Loan Parties holds any commercial tort claims in respect of which a claim 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 in on Schedule 6.01(f), (i) there is no pending or, to the actual best knowledge of any Loan Party, threatened action, suit or proceeding affecting any Credit Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, could reasonably be expected to result in have a Material Adverse Effect or (B) relates to this Agreement or any other Loan Document or any transaction contemplated hereby or thereby and (ii) as of the Effective Date, none of the Loan Parties holds any commercial tort claims in respect of which a claim 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 in Schedule 6.01(f5.01(f), (i) there is no pending or, to the actual best knowledge of any Loan Party, threatened action, suit or proceeding affecting any Credit Party Loan Party, DSW or DSWSW before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, could reasonably be expected to result in have a Material Adverse Effect or Effect, (B) relates to this Agreement or any other Loan Document or any transaction contemplated hereby or thereby and (ii) as of the Effective Date, none of the Loan Parties holds any commercial tort claims in respect of which a claim has been filed in a court of law or a written notice by an attorney has been given to a potential defendant, or (C) relates to the IPO or any transaction contemplated thereby.