Common use of Litigation; Loss Contingencies and Violations Clause in Contracts

Litigation; Loss Contingencies and Violations. There is no action, suit, proceeding, arbitration or, to the Company's knowledge, investigation before or by any Governmental Authority or private arbitrator pending or, to the Company's knowledge, threatened against or affecting the Company or any of its Subsidiaries or any property of any of them, including, without limitation, any such actions, suits, proceedings, arbitrations and investigations disclosed in the Company's SEC Forms 10-K and 10-Q (the "Disclosed Litigation"), which (i) challenges the validity or the enforceability of any material provision of the Transaction Documents or (ii) has or could reasonably be expected to have a Material Adverse Effect. There is no material loss contingency within the meaning of Agreement Accounting Principles which has not been reflected in the consolidated financial statements of the Company prepared and delivered pursuant to Section 7.1(A) for the fiscal period during which such material loss contingency was incurred. Neither the Company nor any of its Subsidiaries is (A) in violation of any applicable Requirements of Law which violation could reasonably be expected to have a Material Adverse Effect, or (B) subject to or in default with respect to any final judgment, writ, injunction, restraining order or order of any nature, decree, rule or regulation of any court or Governmental Authority which could reasonably be expected to have a Material Adverse Effect.

Litigation; Loss Contingencies and Violations. There is no action, suit, proceeding, arbitration or, to the Company's knowledge, investigation before or by any Governmental Authority or private arbitrator pending or, to the Company's knowledge, threatened against or affecting the Company or any of its Subsidiaries or any property of any of them, including, without limitation, any such actions, suits, proceedings, arbitrations and investigations disclosed in the Company's SEC Forms 10-K and 10-Q (the "Disclosed Litigation"), which (i) challenges the validity or the enforceability of any material provision of the Transaction Documents or (ii) has or could reasonably be expected to have a Material Adverse Effect. There is no material loss contingency within the meaning of Agreement Accounting Principles which has not been reflected in the consolidated financial statements of the Company prepared and delivered pursuant to Section 7.1(A) for the fiscal period during which such material loss contingency was incurred. Neither the Company nor any of its Subsidiaries is (A) in violation of any applicable Requirements of Law which violation could reasonably be expected to have a Material Adverse Effect, or (B) subject to or in default with respect to any final judgment, writ, injunction, restraining order or order of any nature, decree, rule or regulation of any court or Governmental Authority which could reasonably be expected to have a Material Adverse Effect.. Sidley Xxxxxx Xxxxx & Xxxx

Litigation; Loss Contingencies and Violations. There Except as set forth in Schedule 6.7 to this Agreement which lists all pending litigation involving individual claims against the Borrower or any of its Subsidiaries of more than $1,000,000, there is no action, suit, proceeding, arbitration or, or (to the CompanyBorrower's knowledge, ) investigation before or by any Governmental Authority or private arbitrator pending or, to the CompanyBorrower's knowledge, threatened against or affecting the Company Borrower or any of its Subsidiaries or any property of any of them, including, without limitation, any such actions, suits, proceedings, arbitrations and investigations disclosed in the Company's SEC Forms 10-K and 10-Q (the "Disclosed Litigation"), which them (i) challenges challenging the validity or the enforceability of any material provision of the Transaction Loan Documents or (ii) has which will have or could reasonably be expected to have a Material Adverse Effect. There is no material loss contingency within the meaning of Agreement Accounting Principles which has not been reflected in the consolidated financial statements of the Company Borrower prepared and delivered pursuant to Section 7.1(A7.1(D) for the fiscal period during which such material loss contingency was incurred. Neither the Company Borrower nor any of its Subsidiaries is (A) in violation of any applicable Requirements of Law which violation will have or could reasonably be expected to have a Material Adverse Effect, or (B) subject B)subject to or in default with respect to any final judgment, writ, injunction, restraining order or order of any nature, decree, rule or regulation of any court or Governmental Authority which will have or could reasonably be expected to have a Material Adverse Effect.

Litigation; Loss Contingencies and Violations. There is no action, suit, proceeding, arbitration or, to the Company's knowledge, investigation before or by any Governmental Authority or private arbitrator pending or, to the Company's knowledge, threatened against or affecting the Company or any of its Subsidiaries or any property of any of them, including, without limitation, any such actions, suits, proceedings, arbitrations and investigations disclosed in the Company's SEC Forms 10-K and 10-Q (the "Disclosed LitigationDISCLOSED LITIGATION"), which (i) challenges the validity or the enforceability of any material provision of the Transaction Documents or (ii) has or could reasonably be expected to have a Material Adverse Effect. There is no material loss contingency within the meaning of Agreement Accounting Principles which has not been reflected in the consolidated financial statements of the Company prepared and delivered pursuant to Section 7.1(A) for the fiscal period during which such material loss contingency was incurred. Neither the Company nor any of its Subsidiaries is (A) in violation of any applicable Requirements of Law which violation could reasonably be expected to have a Material Adverse Effect, or (B) subject to or in default with respect to any final judgment, writ, injunction, restraining order or order of any nature, decree, rule or regulation of any court or Governmental Authority which could reasonably be expected to have a Material Adverse Effect.

Litigation; Loss Contingencies and Violations. There Except as set forth in Schedule 4.7, there is no action, suit, proceeding, arbitration or, to the Company's knowledge, or investigation before or by any Governmental Authority or private arbitrator pending or, to the CompanyBorrower's knowledge, threatened against or affecting the Company Borrower or any of its Subsidiaries or any property of any of them, including, without limitation, any such actions, suits, proceedings, arbitrations and investigations disclosed in the Company's SEC Forms 10-K and 10-Q (the "Disclosed Litigation"), them which (i) challenges the validity or the enforceability of any material provision of the Transaction Documents or (ii) has will have or could reasonably be expected to have a Material Adverse Effect. There is no material loss contingency within the meaning of Agreement Accounting Principles GAAP which has not been reflected in the consolidated financial statements of the Company prepared and delivered pursuant to Section 7.1(A) Financial ------------------------------------------------------------------------------- CREDIT AGREEMENT PAGE 29 Statements for the fiscal period during which such material loss contingency was incurred. Neither the Company nor Borrower not any of its Subsidiaries is (Aa) in violation of any applicable Requirements law, rule or regulation of Law any Governmental Authority which violation will have or could reasonably be expected to have a Material Adverse Effect, or (Bb) subject to or in default with respect to any final judgment, writ, injunction, restraining order or order of any nature, decree, rule or regulation of any court or Governmental Authority which will have or could reasonably be expected to have a Material Adverse Effect.