Common use of Litigation; Government Proceedings Clause in Contracts

Litigation; Government Proceedings. No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company, the Sponsor, or, to the Company’s knowledge, any executive officer or director of the Company, or its or their property is pending or, to the knowledge of the Company, threatened (and in the case of the executive officers or directors of the Company that (i) would reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) would reasonably be expected to have a Material Adverse Effect), except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto).