Common use of Litigation, Court Orders, and Decrees Clause in Contracts

Litigation, Court Orders, and Decrees. Except as set forth in Schedule 4.9, there is no outstanding or, to the knowledge of any Seller, threatened, litigation, claim, investigation, proceeding, order, writ, injunction, or decree of any court, governmental agency, or arbitration tribunal against or materially affecting the Company or the Company’s assets (each, a “Proceeding”). The Company has provided or made available to Buyer a complete list of all general liability incidents, incident reports, and malpractice claims that have occurred with respect to the Company during the three-year period prior to the Closing Date. The Company has not received written notice of any investigation by a governmental authority with respect to the Company. To the Sellers’ knowledge, no governmental authority is currently conducting an investigation of the Company, and no such investigation is threatened.