Litigation; Government Regulation. Except as set forth in SCHEDULE 4.14, (a) there are no judgments, injunctions or similar orders or decrees and no actions, suits, investigations or proceedings pending or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries or its business that could reasonably be expected to have a Material Adverse Effect, or that question the validity of this Agreement or any of the Loan Documents, at law or in equity before any applicable court, arbitrator or Governmental Authority with appropriate jurisdiction, and (b) neither the Borrower nor any of its Subsidiaries is in violation of or in default under any Requirement of Law where such violation could reasonably be expected to have a Material Adverse Effect.
Litigation; Government Regulation. Except as set forth in SCHEDULE 4.2, (a) there are no judgments, injunctions or similar orders or decrees and no actions, suits, investigations or proceedings pending (pursuant to which the Borrower or any Subsidiary has been served) or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any Subsidiary or its business that is reasonably likely to have a Material Adverse Effect, or that question the validity of this Agreement or any of the Loan Documents, at law or in equity before any court, arbitrator or Governmental Authority, and (b) neither the Borrower nor any Subsidiary is in violation of or in default under any Requirement of Law where such violation could reasonably be expected to have a Material Adverse Effect.
Litigation; Government Regulation. No claim, litigation (including, without limitation, derivative actions), arbitration, or governmental investigation, proceeding or inquiry is pending or, to the knowledge of the Borrower, threatened against any Borrower Affiliate or any Fund (a) that would, if adversely determined, have a Material Adverse Effect on such Borrower Affiliate or (b) that relates to any of the transactions contemplated hereby, and there is no basis known to the Borrower for any of the foregoing. SCHEDULE 6.3 sets forth all claims, litigation, arbitration, and governmental investigations, proceedings or inquiries pending or, to the knowledge of the Borrower, threatened against any Borrower Affiliate and any Fund as of the date hereof and the Closing Date, and none of such actions, individually or in the aggregate, if adversely determined would have a Material Adverse Effect on such Borrower Affiliate or any such Fund. No Borrower Affiliate has any material contingent liabilities not provided for or referred to in the Financial Statements and Statutory Financial Statements delivered pursuant to SECTIONS 6.17, 6.18 and 7.3.
Litigation; Government Regulation. 43 6.4 Taxes ................................................... 43 6.5 Conflicts With Other Instruments, Laws ................... 43 6.6
Litigation; Government Regulation. (a) There are no judgments, injunctions or similar orders or decrees and no actions, suits, investigations or proceedings pending (pursuant to which the Borrower has been served) or, to the knowledge of the Borrower, threatened against or affecting the Borrower or its business that is reasonably likely to have a Material Adverse Effect, or that question the validity of this Agreement or any of the Loan Documents, at law or in equity before any court, arbitrator or Governmental Authority, and (b) the Borrower is not in violation of or in default under any Requirement of Law where such violation could reasonably be expected to have a Material Adverse Effect.
Litigation; Government Regulation. Except as set forth on Exhibit D attached hereto, there are no actions, suits or proceedings pending or, to the knowledge of Borrower, threatened against or affecting Borrower at law or in equity before any court or administrative officer or agency which might result in a material adverse change in the business or financial condition of Borrower or impair Borrower's ability to perform its obligations under the Loan Documents. To the best of its knowledge, Borrower is not in violation of, or in default under, any applicable statute, rule, order, decree, writ, injunction or regulation of any governmental body (including any court) where such violation would have a materially adverse effect upon the Collateral, the Realty or Borrower's business, property, assets, operations or condition, financial or otherwise.
Litigation; Government Regulation. There are no actions, suits or proceedings pending or threatened against or affecting the Borrower or any Guarantor at law or in equity before any court or administrative officer or agency which, if adversely determined, could reasonably be expected to have a Material Adverse Effect. Neither Borrower nor any Guarantor is in violation of or in default under any applicable statute, rule, order, decree, writ, injunction or regulation of any governmental body (including any court), the violation of which could reasonably be expected to have a Material Adverse Effect.
Litigation; Government Regulation. Except as set forth in Disclosure Schedule C attached hereto, there are no actions, suits or proceedings pending or, to the knowledge of each Borrower, threatened against or affecting either Borrower at law or in equity before any court or administrative officer or agency which might result in a material adverse change in the business or financial condition of either Borrower or impair either Borrower’s ability to perform its obligations under the Loan Documents. No Borrower is in violation of or in default under any applicable statute, rule order, decree, writ, injunction or regulation of any governmental body, including, without limitation, any Environmental Law, where such violation would have a material adverse effect upon the Collateral, or either Borrower’s business, property, assets, operations or condition, financial or otherwise.
Litigation; Government Regulation. Except as set forth on Schedule 6.2, there are no material actions, suits, investigations or proceedings pending or, to the knowledge of the Borrowers, threatened against or affecting any Borrower or Subsidiary, or that question the validity of this Agreement or any of the Loan Documents, at law or in equity before any court or administrative officer or agency and, to their knowledge, neither the Borrowers nor any of their Subsidiaries is in violation of or in default under any applicable statute, rule, order, decree, writ, injunction or regulation of any governmental body (including any court) where such violation may have a material adverse effect upon the business, property, assets, operations or condition, financial or otherwise, of any Borrower or Subsidiary.
Litigation; Government Regulation. No claim, litigation (including, without limitation, derivative actions), arbitration, or governmental investigation, proceeding or inquiry is pending or threatened against the Borrower or any Subsidiary (i) that is reasonably expected to have a Material Adverse Effect on any Borrower Affiliate or (ii) that relates to any of the transactions contemplated hereby, and there is no basis known to the Borrower for any of the foregoing. SCHEDULE 4.3 sets forth all material claims, litigation, arbitration, and governmental investigations, proceedings or inquiries pending or threatened against any Borrower Affiliate, and none of such actions, individually or in the aggregate is reasonably expected to have a Material Adverse Effect on such Borrower Affiliate. No Borrower Affiliate has any material contingent liabilities not provided for or referred to in the Financial Statements and Statutory Financial Statements delivered pursuant to SECTIONS 4.17, 4.18 and 5.3.
