Common use of Litigation Pending Clause in Contracts

Litigation Pending. There is no litigation, tax claim, proceeding ------------------ or dispute pending, or, to the knowledge of the Company, threatened, against or affecting the Company or its property, the adverse determination of which might affect the Company's financial condition or operations or impair the Company's ability to perform its obligations under this Agreement or under the Warrant, the Note or any other instrument or agreement required by this Agreement.

Litigation Pending. There is no litigation, tax claim, proceeding ------------------ or dispute pending, or, to the knowledge of the Company, threatened, against or affecting the Company or its property, the adverse determination of which might affect the Company's financial condition or operations or impair the Company's ability to perform its obligations under this Agreement or under the Warrant, the Note Shares or any other instrument or agreement required by this Agreement.

Litigation Pending. There is no litigation, tax claim, proceeding ------------------ or dispute pending, or, to the knowledge of the Company, threatened, against or affecting the Company or its property, the adverse determination of which might affect the Company's financial condition or operations or impair the Company's ability to perform its obligations under this Agreement or under the Warrant, the Note or any other instrument or agreement required by this Agreement.