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

Litigation; Loss Contingencies and Violations. Except for Permitted Existing Contingent Obligations and as set forth in Schedules 5.7 to this Agreement, there is no action, suit, proceeding, investigation of which Brightpoint has knowledge or arbitration before or by any Governmental Authority or private arbitrator pending or, to the knowledge of Brightpoint or any of its Subsidiaries, threatened against Brightpoint or any of its Subsidiaries or any property of any of them (i) challenging the validity or the enforceability of any material provision of the Loan Documents or (ii) which will have or is reasonably likely 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 Brightpoint prepared and delivered pursuant to Section 6.1(A) for the fiscal period during which such material loss contingency was incurred. Neither Brightpoint nor any of its Subsidiaries is (A) in violation of any applicable Requirements of Law which violation will have or is reasonably likely 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 will have or is reasonably likely to have a Material Adverse Effect.

Litigation; Loss Contingencies and Violations. Except for Permitted --------------------------------------------- Existing Contingent Obligations and as set forth in Schedules Schedule 5.7 to this ------------ Agreement, there is no action, suit, proceeding, proceeding or investigation of which Brightpoint the Company has knowledge Knowledge or arbitration before or by any Governmental Authority or private arbitrator pending or, to the knowledge Knowledge of Brightpoint the Company or any of its Subsidiaries, threatened against Brightpoint the Company or any of its Subsidiaries or any property of any of them (i) challenging the validity or the enforceability of any material provision of the Loan Documents or (ii) which will have or is reasonably likely 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 Brightpoint the Company prepared and delivered pursuant to Section 6.1(A) for the fiscal period during -------------- which such material loss contingency was incurred. Neither Brightpoint the Company nor any of its Subsidiaries is (A) in violation of any applicable Requirements of Law which violation will have or is reasonably likely 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 will have or is reasonably likely to have a Material Adverse Effect.

Litigation; Loss Contingencies and Violations. Except for Permitted Existing Contingent Obligations and as set forth in Schedules 5.7 There are no actions, suits, proceedings, arbitrations or, to this Agreementthe knowledge of any member of the Borrower’s Senior Management Team, there is no action, suit, proceeding, investigation of which Brightpoint has knowledge or arbitration investigations before or by any Governmental Authority or private arbitrator pending or, to the knowledge of Brightpoint or any member of its Subsidiariesthe Borrower’s Senior Management Team, threatened against Brightpoint or the Borrower, any of its Subsidiaries or any property of any of them that (i) challenging challenges the validity or the enforceability of any material provision of the Loan Documents or (ii) which will have has had or is could reasonably likely be expected to have a Material Adverse EffectEffect (other than as set forth on Schedule 3.07). 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 Brightpoint the Borrower prepared and delivered pursuant to Section 6.1(A5.01(a) for the fiscal period during which such material loss contingency was incurred. Neither Brightpoint the Borrower nor any of its Subsidiaries is (A) in violation of any applicable Requirements of Law which violation will have or is could reasonably likely 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 will have or is could reasonably likely be expected to have a Material Adverse Effect.

Litigation; Loss Contingencies and Violations. Except for Permitted Existing Contingent Obligations and as set forth in Schedules 5.7 and 5.18 to this Agreement, there is no action, suit, proceeding, investigation of which Brightpoint has knowledge known to the Borrower or arbitration before or by any Governmental Authority or private arbitrator pending or, to the knowledge of Brightpoint the Borrower or any of its Subsidiaries, threatened against Brightpoint the Borrower or any of its Subsidiaries or any property of any of them (i) challenging the validity or the enforceability of any material provision of the Loan Transaction Documents or (ii) which will have or is reasonably likely 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 consolidating financial statements of Brightpoint the Borrower and the consolidating financial statements of Alliance prepared and delivered pursuant to Section 6.1(A6.1(A)(i) for the fiscal period during which such material loss contingency was incurred. Neither Brightpoint the Borrower nor any of its Subsidiaries is (A) in violation of any applicable Requirements of Law which violation will have or is reasonably likely 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 will have or is reasonably likely to have a Material Adverse Effect.

Litigation; Loss Contingencies and Violations. Except for Permitted Existing Contingent Obligations and as set forth in Schedules 5.7 Schedule 6.7 to this Agreement, which lists all pending litigation involving individual claims against the Borrower or any of its Subsidiaries or Target of more than $500,000, there is no action, suit, proceeding, arbitration or (to the Borrower's knowledge) investigation of which Brightpoint has knowledge or arbitration before or by any Governmental Authority or private arbitrator pending or, to the knowledge of Brightpoint or any of its SubsidiariesBorrower's knowledge, threatened against Brightpoint the Borrower or any of its Subsidiaries or any property of any of them (i) challenging the validity or the enforceability of any material provision of the Loan Documents or (ii) which will have or is could reasonably likely 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 Brightpoint the Borrower prepared and delivered pursuant to Section 6.1(A7.1(A) for the fiscal period during which such material loss contingency was incurred. Neither Brightpoint the Borrower nor any of its Subsidiaries is (A) in violation of any applicable Requirements of Law which violation will have or is could reasonably likely 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 will have or is could reasonably likely be expected to have a Material Adverse Effect.