Common use of Litigation; No Material Adverse Effect Clause in Contracts

Litigation; No Material Adverse Effect. (a) As of the Closing Date, except as set forth in the Closing Date SEC Reports or as disclosed in Schedule 3.5, there is no litigation, arbitration or governmental investigation, proceeding or inquiry pending against or, to the knowledge of the Borrower and the Initial Guarantor, threatened in writing, against or affecting the Initial Guarantor or any of its Subsidiaries as to which there is a reasonable possibility of an adverse determination (i) which could reasonably be expected to have a material adverse effect on the business, assets, financial condition, or operations of the Initial Guarantor and its Subsidiaries, taken as a whole, or (ii) which seeks to prevent, enjoin or delay the making of the initial Loans hereunder, if any. (b) As of the Closing Date, since December 31, 2023, there has been no Material Adverse Effect.

Litigation; No Material Adverse Effect. (a) As of the Closing ClosingSecond Amendment Effective Date, except as set forth in the Closing Date SEC Reports or as disclosed in Schedule 3.5, there is no litigation, arbitration or governmental investigation, proceeding proceeding, or inquiry pending against pending, or, to the knowledge of the Borrower and the Initial GuarantorBorrower, threatened in writing, against or affecting the Initial Guarantor Borrower or any of its Subsidiaries as to which there is a reasonable possibility of an adverse determination (i) which could reasonably be expected to have a material adverse effect on the business, assets, financial condition, or operations of the Initial Guarantor Borrower and its Subsidiaries, taken as a whole, or (ii) which seeks to prevent, enjoin or delay the making of the initial Loans hereunder, if any. (b) As of the Closing ClosingSecond Amendment Effective Date, since December 31, 20232019, there has been no Material Adverse Effect.

Litigation; No Material Adverse Effect. (a) As of the Closing Date, except as set forth in the Closing Date SEC Reports or as disclosed in Schedule 3.5, there is no litigation, arbitration or governmental investigation, proceeding or inquiry pending against or, to the knowledge of the Borrower and the Initial Guarantor, threatened in writing, against or affecting the Initial Guarantor or any of its Subsidiaries as to which there is a reasonable possibility of an adverse determination (i) which could reasonably be expected to have a material adverse effect on the business, assets, financial condition, or operations of the Initial Guarantor and its Subsidiaries, taken as a whole, or (ii) which seeks to prevent, enjoin or delay the making of the initial Loans hereunder, if any. (b) As of the Closing Date, since December 31, 20232021, there has been no Material Adverse Effect.

Litigation; No Material Adverse Effect. (a) As of the Closing Date, except as set forth in the Closing Date SEC Reports or as disclosed in Schedule 3.5, there is no litigation, arbitration or governmental investigation, proceeding or inquiry pending against or, to the knowledge of the Borrower and the Initial Guarantor, threatened in writing, against or affecting the Initial Guarantor or any of its Subsidiaries as to which there is a reasonable possibility of an adverse determination (i) which could reasonably be expected to have a material adverse effect on the business, assets, financial condition, or operations of the Initial Guarantor and its Subsidiaries, taken as a whole, or (ii) which seeks to prevent, enjoin or delay the making of the initial Loans hereunder, if any. (b) As of the Closing Date, since December 31, 20232022, there has been no Material Adverse Effect.