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 best knowledge of any Loan Party, threatened action, suit or proceeding affecting any. Loan Party before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, could have, either individually or in the aggregate, a Material Adverse Effect or (B) relates to this Agreement, any other Loan Document or the Acquisition Agreement or any transaction contemplated hereby or thereby and (ii) as of the Closing 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), (ix) there is no pending or, to the best knowledge of any Loan Party, threatened (in writing) action, suit or proceeding affecting any. any Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (Ai) if adversely determined, could have, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect or (Bii) relates to this Agreement, Agreement or any other Loan Document or the Acquisition Agreement or any transaction contemplated hereby or thereby and (iiy) as of the Closing Effective Date, none of the Loan Parties holds hold 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), as of the Restatement Effective Date, (i) there is no pending or, to the best knowledge of any Loan Party, threatened action, suit or proceeding affecting any. any Loan Party or any of its properties before any court or other Governmental Authority or any arbitrator that (A) if adversely determined, could have, either individually or in the aggregate, reasonably be expected to have a Material Adverse Effect or (B) relates to this Agreement, Agreement or any other Loan Document or the Acquisition Agreement or any transaction contemplated hereby or thereby and (ii) as of the Closing Restatement Effective Date, none of the Loan Parties holds any commercial ‑61‑ 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.