Common use of No Adverse U Clause in Contracts

No Adverse U. S. LEGISLATION, ACTION OR DECISION. No legislation, order, rule, ruling or regulation shall have been enacted or made by or on behalf of any governmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either House of Congress by any committee of either such House to which such legislation has been referred for consideration, nor shall any decision of any court of competent jurisdiction within the United States have been rendered which, in the Investors' reasonable judgment, would materially and adversely affect their investment in the New Securities. There shall be no action, suit, investigation or proceeding, pending or threatened, against or affecting the Company, its Subsidiaries or any of their respective properties or rights, or any of their respective affiliates, associates, officers or directors, before any court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by any of the Amended Related Documents or (ii) questions the validity or legality of any such transaction or seeks to recover damages or to obtain other relief in connection with any such transaction, and there shall be no valid basis for any such action, proceeding or investigation.

No Adverse U. S. LEGISLATION, ACTION OR DECISION. No legislation, order, rule, ruling or regulation shall have been enacted or made by or on behalf of any governmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either House of Congress by any committee of either such House to which such legislation has been referred for consideration, nor shall any decision of any court of competent jurisdiction within the United States have been rendered which, in the Investors' Purchaser's reasonable judgment, would is likely to materially and adversely affect their investment in the New Securitiesbusiness, property, operations, condition (financial or otherwise) or prospects of AAG or the Trust or materially and adversely affect any of the Preferred Securities or any part thereof as an investment. There shall be no action, suit, investigation or proceeding, proceeding pending or threatened, against or affecting the CompanyPurchaser, its Subsidiaries or any of their respective its properties or rights, or any of their respective affiliatesits Affiliates, associates, officers or directors, before any court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by any of this Agreement and the Amended Related Documents other Transaction Documents, or (ii) questions the validity or legality of any such transaction transactions or seeks to recover damages or to obtain other relief in connection with any such transactiontransactions, and and, to the Purchaser's knowledge, there shall be no valid basis for any such action, proceeding or investigation.

No Adverse U. S. LEGISLATION, ACTION OR DECISION. No Subsequent to the date hereof, no legislation, order, rule, ruling or regulation shall have been enacted or made by or on behalf of any governmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either House of Congress by any committee of either such House to which such legislation has been referred for consideration, nor shall any decision of any court of competent jurisdiction within the United States have been rendered which, in the Investors' reasonable judgment, which would materially and adversely affect their an investment in the New SecuritiesShares or the Warrants. There shall be no action, suit, investigation or proceedingproceeding pending, pending or to the Company's knowledge, threatened, against or affecting the Company, Company or any of its Subsidiaries or the Purchaser, or any of their respective properties or rights, or any of their respective affiliates, associates, officers or directors, before any court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise adversely affect the transactions contemplated by any of the Amended Related Documents this Agreement or (ii) questions the validity or legality of any such transaction or seeks to recover damages or to obtain other relief in connection with any such transaction, and to the Company's knowledge there shall be no valid basis for any such action, proceeding or investigation.

No Adverse U. S. LEGISLATION, ACTION OR DECISION. No legislation, order, rule, ruling or regulation shall have been enacted or made by or on behalf of any governmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either House house of Congress by any committee of either such House house to which such legislation has been referred for consideration, nor shall any decision of any court of competent jurisdiction within the United States have been rendered which, in the Investors' Company's reasonable judgment, would could materially and adversely affect their investment in any of the New SecuritiesShares or any part thereof as an investment. There shall be no action, action ,suit, investigation or proceeding, proceeding pending or threatened, against or affecting the Company, its Subsidiaries or any of their respective its properties or rights, or any of their respective affiliatesits Affiliates, associates, officers or directors, before any court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by any of the Amended Related Documents this Agreement, or (ii) questions the validity or legality of any such transaction transactions or seeks to recover damages or to obtain other relief in connection with any such transactiontransactions, and and, to the Company's knowledge, there shall be no valid basis for any such action, proceeding or investigation.

No Adverse U. S. LEGISLATION, ACTION OR DECISION. No legislation, order, rule, ruling or regulation shall have been enacted or made after the date hereof by or on behalf of any governmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either House of Congress by any committee of either such House to which such legislation has been referred for considerationGovernmental Authority, nor shall any decision of any court of competent jurisdiction within the United States have been rendered after the date hereof which, in the Investors' REIT's reasonable judgment, would could materially and adversely affect their investment in the New SecuritiesREIT as a result of the sale and issuance of the shares of Preferred Stock and/or REIT Common Stock to be issued, or the shares of REIT Common Stock issuable upon conversion of the Preferred Stock, or any part thereof. There shall be no action, suit, investigation or proceeding, proceeding pending or threatened, against or affecting the CompanyREIT, its Subsidiaries or any of their respective its properties or rights, or any of their respective affiliatesits Affiliates, associates, officers or directors, before any court, arbitrator or administrative or governmental body Governmental Authority which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by any of the Amended Related Documents this Agreement, or (ii) questions the validity or legality of any such transaction transactions or seeks to recover damages or to obtain other relief in connection with any such transactiontransactions, and there shall be no valid basis for any such action, proceeding or investigation.

No Adverse U. S. LEGISLATIONLegislation, ACTION OR DECISIONAction or Decision. No legislation, order, rule, ruling or regulation shall have been enacted or made by or on behalf of any governmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either House of Congress by any committee of either such House to which such legislation has been referred for consideration, nor shall any decision of any court of competent jurisdiction within the United States have been rendered which, in the Investors' reasonable judgment, would materially and adversely affect their investment in the New Securities. There shall be no action, suit, investigation or proceeding, pending or threatened, against or affecting the CompanyHoldings, its Subsidiaries or any of their respective properties or rights, or any of their respective affiliates, associates, officers or directors, before any court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by any of the Amended Related Documents or (ii) questions the validity or legality of any such transaction or seeks to recover damages or to obtain other relief in connection with any such transaction, and there shall be no valid basis for any such action, proceeding or investigation.

No Adverse U. S. LEGISLATIONLegislation, ACTION OR DECISIONAction or Decision. No legislation, order, rule, ruling or regulation shall have been enacted or made by or on behalf of any governmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either House of Congress by any committee of either such House to which such legislation has been referred for consideration, nor shall any decision of any court of competent jurisdiction within the United States have been rendered which, in the Investors' Purchaser's reasonable judgment, would could materially and adversely affect their investment in any of the New SecuritiesShares or any part thereof as an investment. There shall be no action, suit, investigation or proceeding, proceeding pending or threatened, against or affecting the CompanyPurchaser, its Subsidiaries or any of their respective its properties or rights, or any of their respective affiliatesits Affiliates, associates, officers or directors, before any court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by any of the Amended Related Documents this Agreement, or (ii) questions the validity or legality of any such transaction transactions or seeks to recover damages or to obtain other relief in connection with any such transactiontransactions, and and, to the Purchaser's knowledge, there shall be no valid basis for any such action, proceeding or investigation.. (l)

No Adverse U. S. LEGISLATION, ACTION OR DECISION. No legislation, order, rule, ruling or regulation shall have been enacted or made after the date hereof by or on behalf of any governmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either House of Congress by any committee of either such House to which such legislation has been referred for considerationGovernmental Authority, nor shall any decision of any court of competent jurisdiction within the United States have been rendered after the date hereof which, in the Investors' Purchaser's reasonable judgment, would could materially and adversely affect their investment in the New Securitiesshares of Preferred Stock and/or REIT Common Stock to be issued, or the shares of REIT Common Stock issuable upon conversion of the Preferred Stock, or any part thereof as an investment. There shall be no action, suit, investigation or proceeding, proceeding pending or threatened, against or affecting the CompanyPurchaser, its Subsidiaries or any of their respective its properties or rights, or any of their respective affiliatesits Affiliates, associates, officers or directors, before any court, arbitrator or administrative or governmental body Governmental Authority which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by any of this Agreement and the Amended Related Documents other Transaction Documents, or (ii) questions the validity or legality of any such transaction transactions or seeks to recover damages or to obtain other relief in connection with any such transactiontransactions, and there shall be no valid basis for any such action, proceeding or investigation.

No Adverse U. S. LEGISLATIONLegislation, ACTION OR DECISIONAction or Decision. No Subsequent to the date hereof, no legislation, order, rule, ruling or regulation shall have been enacted or made by or on behalf of any governmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either House of Congress by any committee of either such House to which such legislation has been referred for consideration, nor shall any decision of any court of competent jurisdiction within the United States have been rendered which, in the Investors' reasonable judgment, which would materially and adversely affect their an investment in the New SecuritiesShares or the Warrants. There shall be no action, suit, investigation or proceedingproceeding pending, pending or to the Company's knowledge, threatened, against or affecting the Company, Company or any of its Subsidiaries or the Purchaser, or any of their respective properties or rights, or any of their respective affiliates, associates, officers or directors, before any court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise adversely affect the transactions contemplated by any of the Amended Related Documents this Agreement or (ii) questions the validity or legality of any such transaction or seeks to recover damages or to obtain other relief in connection with any such transaction, and to the Company's knowledge there shall be no valid basis for any such action, proceeding or investigation.

No Adverse U. S. LEGISLATIONLegislation, ACTION OR DECISIONAction or Decision. No legislation, order, rule, ruling or regulation shall have been enacted or made by or on behalf of any governmental body, department or agency of the United States, nor shall any legislation have been introduced and favorably reported for passage to either House of Congress by any committee of either such House to which such legislation has been referred for consideration, nor shall any decision of any court of competent jurisdiction within the United States have been rendered which, in the Investors' Company's reasonable judgment, would could materially and adversely affect their investment in any of the New SecuritiesShares or any part thereof as an investment. There shall be no action, suit, investigation or proceeding, proceeding pending or threatened, against or affecting the Company, its Subsidiaries or any of their respective its properties or rights, or any of their respective affiliatesits Affiliates, associates, officers or directors, before any court, arbitrator or administrative or governmental body which (i) seeks to restrain, enjoin, prevent the consummation of or otherwise affect the transactions contemplated by any of the Amended Related Documents this Agreement, or (ii) questions the validity or legality of any such transaction transactions or seeks to recover damages or to obtain other relief in connection with any such transactiontransactions, and and, to the Company's knowledge, there shall be no valid basis for any such action, proceeding or investigation. 4.