Common use of Litigation; Product Liability Clause in Contracts

Litigation; Product Liability. Except as disclosed in the Company SEC Reports filed prior to the date of this Agreement, there is no action, suit, proceeding, claim, arbitration or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries that, individually or in the aggregate, has had, or is reasonably likely to have, a Company Material Adverse Effect. There are no material judgments, orders or decrees outstanding against the Company or any of its Subsidiaries. No material product liability claims have been asserted or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries with respect to any Company Products.

Litigation; Product Liability. Except as disclosed in the Company SEC Reports filed prior to the date of this Agreement, there is no action, suit, proceeding, claim, arbitration or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries that, individually or in the aggregate, has had, or is reasonably likely to have, a Company Material Adverse Effect. There are no material judgments, orders or decrees outstanding against the Company or any of its Subsidiaries. No material product liability claims have been asserted or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries with respect relating to products or product candidates developed, tested, manufactured, marketed, distributed or sold by the Company or any Company Productsof its Subsidiaries.

Litigation; Product Liability. Except as disclosed in the Company SEC Reports filed prior to the date of this AgreementAgreement or in Section 3.11 of the Company Disclosure Schedule, there is no action, suit, proceeding, claim, arbitration or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary of its Subsidiaries that, individually it or in any manner challenges or seeks to prevent, enjoin, alter or delay the aggregate, has had, or is reasonably likely to have, a Company Material Adverse Effecttransactions contemplated by this Agreement. There are no material judgments, orders or decrees outstanding against the Company or any Subsidiary of its Subsidiariesit. No material product liability claims have been asserted or, to the knowledge of the Company, threatened against the Company or any Subsidiary of its Subsidiaries with respect it relating to products or product candidates developed, tested, manufactured, marketed, distributed or sold by the Company or any Company ProductsSubsidiary of it.