Common use of Litigation; Judgments Clause in Contracts

Litigation; Judgments. Except as described in the Incorporated Documents, there are no actions, suits or proceedings (formal or informal) pending or, to the Knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties, assets, or directors or officers, in their capacity as such, before or by any Federal or state court, commission, regulatory body, administrative agency or other governmental body, domestic or foreign, wherein an unfavorable ruling, decision or finding might reasonably be expected to, individually or in the aggregate, and after giving effect to the sale and issuance of the Notes, result in a Material Adverse Effect.