Common use of Litigation; Regulatory Action Clause in Contracts

Litigation; Regulatory Action. (a) No litigation, claim or other proceeding before any court or governmental agency is pending against it or, to its Knowledge, any of its Subsidiaries and, to its Knowledge, no such litigation, claim or other proceeding has been threatened, in each case that would or would reasonably be expected to have a Material Adverse Effect on Parent. (b) Neither it nor, to its Knowledge, any of its Subsidiaries or properties, is a party to or is subject to any order, decree, agreement, memorandum of understanding or similar arrangement with, or a commitment letter of similar submission to, or extraordinary supervisory letter from, any Regulatory Authority. (c) Neither it nor, to its Knowledge, any of its Subsidiaries, has been advised by any Regulatory Authority that such Regulatory Authority is contemplating issuing or requesting (or is considering the appropriateness of issuing or requesting) any such order, decree, agreement, memorandum of understanding, commitment letter, supervisory letter or similar submission.

Litigation; Regulatory Action. (ai) No Other than as set forth in its SEC Documents filed on or before the date hereof, no litigation, claim or other proceeding before any court or governmental agency Governmental Authority is pending against it or, to its Knowledge, the Acquiror or any of its Subsidiaries and, to its Knowledgethe Acquiror's knowledge, no such litigation, claim or other proceeding has been threatened, in each case that would or would reasonably be expected to have a Material Adverse Effect on Parent. (bii) Neither it nor, to its Knowledge, the Acquiror nor any of its Subsidiaries or properties, properties is a party to or is subject to any order, decree, agreement, memorandum of understanding or similar arrangement with, or a commitment letter of or similar submission to, or extraordinary supervisory letter fromfrom the FDIC or the OTS, any Regulatory Authority. (c) Neither it nor, to its Knowledge, nor has the Acquiror or any of its Subsidiaries, has Subsidiaries been advised by any Regulatory Authority the FDIC or the OTS that such Regulatory Authority agency is contemplating issuing or requesting (or is considering the appropriateness of issuing or requesting) any such order, decree, agreement, memorandum of understanding, commitment letter, supervisory letter or similar submission.

Litigation; Regulatory Action. (ai) No Other than as set forth in ----------------------------- its SEC Documents filed on or before the date hereof, no litigation, claim or other proceeding before any court or governmental agency Governmental Authority is pending against it or, to its Knowledge, the Acquiror or any of its Subsidiaries and, to its Knowledgethe Acquiror's knowledge, no such litigation, claim or other proceeding has been threatened, in each case that would or would reasonably be expected to have a Material Adverse Effect on Parent. (bii) Neither it nor, to its Knowledge, the Acquiror nor any of its Subsidiaries or properties, properties is a party to or is subject to any order, decree, agreement, memorandum of understanding or similar arrangement with, or a commitment letter of or similar submission to, or extraordinary supervisory letter fromfrom the FDIC or the OTS, any Regulatory Authority. (c) Neither it nor, to its Knowledge, nor has the Acquiror or any of its Subsidiaries, has Subsidiaries been advised by any Regulatory Authority the FDIC or the OTS that such Regulatory Authority agency is contemplating issuing or requesting (or is considering the appropriateness of issuing or requesting) any such order, decree, agreement, memorandum of understanding, commitment letter, supervisory letter or similar submission.

Litigation; Regulatory Action. (ai) No Other than as set forth in its SEC Documents filed on or before the date hereof, no litigation, claim claim, arbitration, investigation or other proceeding before any court or governmental agency Governmental Authority is pending against it or, to its Knowledge, the Buyer or any of its Subsidiaries Subsidiaries, and, to its Knowledgethe best of the Buyer's knowledge, no such litigation, claim claim, arbitration, investigation or other proceeding has been threatened, in each case that would or would reasonably be expected to have a Material Adverse Effect on Parent. (bii) Neither it nor, to its Knowledge, the Buyer nor any of its Subsidiaries or properties, properties is a party to or is subject to any order, decree, agreement, memorandum of understanding or similar arrangement with, or a commitment letter of or similar submission to, or extraordinary supervisory letter fromfrom a Governmental Authority, any Regulatory Authority. (c) Neither it nor, to its Knowledge, nor has the Buyer or any of its Subsidiaries, has Subsidiaries been advised by any Regulatory a Governmental Authority that such Regulatory Governmental Authority is contemplating issuing or requesting (or is considering the appropriateness of issuing or requesting) any such order, decree, agreement, memorandum of understanding, commitment letter, supervisory letter or similar submission.

Litigation; Regulatory Action. (ai) No Other than as set forth in its SEC Documents filed on or before the date hereof, no litigation, claim or other proceeding before any court or governmental agency Governmental Authority is pending against it or, to its Knowledge, First Union or any of its Subsidiaries and, to its Knowledgethe best of First Union's knowledge, no such litigation, claim or other proceeding has been threatened, in each case that would or would reasonably be expected to have a Material Adverse Effect on Parent. (bii) Neither it nor, to its Knowledge, First Union nor any of its Subsidiaries or properties, properties is a party to or is subject to any order, decree, agreement, memorandum of understanding or similar arrangement with, or a commitment letter of or similar submission to, or extraordinary supervisory letter from, any from a Regulatory Authority. (c) Neither it nor, to its Knowledge, nor has First Union or any of its Subsidiaries, has Subsidiaries been advised by any a Regulatory Authority that such Regulatory Authority agency is contemplating issuing or requesting (or is considering the appropriateness of issuing or requesting) any such order, decree, agreement, memorandum of understanding, commitment letter, supervisory letter or similar submission.