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 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) could reasonably be expected to result in a Material Adverse Effect or (B) as of the Effective Date, calls into question the validity or enforceability of, or otherwise seeks to invalidate, this Agreement or any other Loan 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 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 knowledge of any Loan Party, threatened action, suit or proceeding affecting any Loan Party before any court or other Governmental Authority (including, without limitation, the ATF) or any arbitrator that (A) if adversely determined (and provided there is a reasonable chance of an adverse determination), could reasonably be expected to result in have a Material Adverse Effect or (B) as of the Effective Date, calls into question the validity or enforceability of, or otherwise seeks relates to invalidate, this Agreement or any other Loan Document, Document or any transaction contemplated hereby or thereby 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 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 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 invalidate, this Agreement enjoin 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 #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 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 or 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 have a Material Adverse Effect or (B) as of the Effective Date, calls into question the validity or enforceability of, or otherwise seeks relates to invalidate, this Agreement or any other Loan Document, Document or any transaction contemplated hereby or thereby 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 claims, with a claim exceeding $100,000, 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.