Common use of Litigation with Respect to the Company or Its Subsidiaries Clause in Contracts

Litigation with Respect to the Company or Its Subsidiaries. As of the Effective Date, no litigation (including, without limitation, derivative actions), arbitration proceedings or governmental proceedings are pending or, to the knowledge of the Company, threatened against the Company or any Subsidiary of the Company which are likely (to the extent not covered by insurance) materially and adversely to affect the consolidated financial condition of the Company and its Consolidated Subsidiaries or materially to impair the Company’s ability to perform its obligations under this Agreement and the Notes, except as set forth in the Company’s annual report on Form 10-K for the year ended December 31, 2022, or its quarterly reports on Form 10-Q for the quarters ended March 31, 2023, June 30, 2023 and September 30, 2023, to the SEC, or as disclosed in writing to the Banks prior to the Effective Date.

Litigation with Respect to the Company or Its Subsidiaries. As of the Effective Date, no litigation (including, without limitation, derivative actions), arbitration proceedings or governmental proceedings are pending or, to the knowledge of the Company, threatened against the Company or any Subsidiary of the Company which are likely (to the extent not covered by insurance) materially and adversely to affect the consolidated financial condition of the Company and its Consolidated Subsidiaries or materially to impair the Company’s ability to perform its obligations under this Agreement and the Notes, except as set forth in the Company’s annual report on Form 10-K for the year ended December 31, 20222018, or its quarterly reports report on Form 10-Q for the quarters quarter ended March 31, 2023, June 30, 2023 and September 30, 20232019, to the SECSecurities and Exchange Commission, or as disclosed in writing to the Banks prior to the Effective Date.

Litigation with Respect to the Company or Its Subsidiaries. As of the Effective Date, no litigation (including, without limitation, derivative actions), arbitration proceedings or governmental proceedings are pending or, to the knowledge of the Company, threatened against the Company or any Subsidiary of the Company which are likely (to the extent not covered by insurance) materially and adversely to affect the consolidated financial condition of the Company and its Consolidated Subsidiaries or materially to impair the Company’s ability to perform its obligations under this Agreement and the Notes, except as set forth in the Company’s annual report on Form 10-K for the year ended December 31, 20222016, or its quarterly reports on Form 10-Q for the quarters ended March 31, 20232017, June 30, 2023 2017 and September 30, 20232017, to the SECSecurities and Exchange Commission, or as disclosed in writing to the Banks prior to the Effective Date.

Litigation with Respect to the Company or Its Subsidiaries. As of the Effective Date, no litigation (including, without limitation, derivative actions), arbitration proceedings or governmental proceedings are pending or, to the knowledge of the Company, threatened against the Company or any Subsidiary of the Company which are likely (to the extent not covered by insurance) materially and adversely to affect the consolidated financial condition of the Company and its Consolidated Subsidiaries or materially to impair the Company’s 's ability to perform its obligations under this Agreement and the Notes, except as set forth in the Company’s 's annual report on Form 10-K for the year ended December 31, 20221999, or its quarterly reports on Form 10-Q for the quarters ended March 31, 20232000, June 30, 2023 2000 and September 30, 20232000, or its current report on Form 8-K dated November 16, 2000, to the SECSecurities and Exchange Commission, or as disclosed in writing to the Banks prior to the Effective Date.

Litigation with Respect to the Company or Its Subsidiaries. As of the Effective Date, no litigation (including, without limitation, derivative actions), arbitration proceedings or governmental proceedings are pending or, to the knowledge of the Company, threatened against the Company or any Subsidiary of the Company which are likely (to the extent not covered by insurance) materially and adversely to affect the consolidated financial condition of the Company and its Consolidated Subsidiaries or materially to impair the Company’s ability to perform its obligations under this Agreement and the Notes, except as set forth in the Company’s annual report on Form 10-K for the year ended December 31, 20222005, or its quarterly reports report on Form 10-Q for the quarters ended March 31, 2023, 2006 and June 30, 2023 and September 30, 20232006, to the SECSecurities and Exchange Commission, or as disclosed in writing to the Banks prior to the Effective Date.

Litigation with Respect to the Company or Its Subsidiaries. As of the Effective Date, no litigation (including, without limitation, derivative actions), arbitration proceedings or governmental proceedings are pending or, to the knowledge of the Company, threatened against the Company or any Subsidiary of the Company which are likely (to the extent not covered by insurance) materially and adversely to affect the consolidated financial condition of the Company and its Consolidated Subsidiaries or materially to impair the Company’s 's ability to perform its obligations under this Agreement and the Notes, except as set forth in the Company’s 's annual report on Form 10-K for the year ended December 31, 20222003, or its quarterly reports report on Form 10-Q for the quarters quarter ended March 31, 2023, June 30, 2023 and September 30, 20232004, to the SECSecurities and Exchange Commission, or as disclosed in writing to the Banks prior to the Effective Date.

Litigation with Respect to the Company or Its Subsidiaries. As of the Effective Date, no litigation (including, without limitation, derivative actions), arbitration proceedings or governmental proceedings are pending or, to the knowledge of the Company, threatened against the Company or any Subsidiary of the Company which are likely (to the extent not covered by insurance) materially and adversely to affect the consolidated financial condition of the Company and its Consolidated Subsidiaries or materially to impair the Company’s ability to perform its obligations under this Agreement and the Notes, except as set forth in the Company’s annual report on Form 10-K for the year ended December 31, 20222020, or its quarterly reports on Form 10-Q for the quarters ended March 31, 20232021, June 30, 2023 2021 and September 30, 20232021, to the SECSecurities and Exchange Commission, or as disclosed in writing to the Banks prior to the Effective Date.

Litigation with Respect to the Company or Its Subsidiaries. As of the Effective Date, no litigation (including, without limitation, derivative actions), arbitration proceedings or governmental proceedings are pending or, to the knowledge of the Company, threatened against the Company or any Subsidiary of the Company which are likely (to the extent not covered by insurance) materially and adversely to affect the consolidated financial condition of the Company and its Consolidated Subsidiaries or materially to impair the Company’s ability to perform its obligations under this Agreement and the Notes, except as set forth in the Company’s annual report on Form 10-K for the year ended December 31, 2022, or its quarterly reports on Form 10-Q for the quarters ended March 31, 2023, June 30, 2023 and September 30, 2023, to the SECSecurities and Exchange Commission, or as disclosed in writing to the Banks prior to the Effective Date.