Common use of No Litigation or Other Proceedings Clause in Contracts

No Litigation or Other Proceedings. Except as described on Schedule 5.8 attached hereto, there shall exist no action, suit, investigation, litigation or proceeding pending or, to the best knowledge of the Company, threatened against or affecting any of the Obligors or any of their respective Subsidiaries or any of the property or assets thereof in any court or before any arbitrator or by or before any other Governmental Authority of any kind that (a) either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect or (b) challenges the legality, validity, binding effect or enforceability of this Agreement or any of the other Note Documents or the consummation of the sale and purchase of the Notes or any of the other transactions contemplated hereby or thereby.

No Litigation or Other Proceedings. Except as disclosed in the SEC Reports or as described on Schedule 5.8 IV(H) attached hereto, there shall exist no action, suit, investigation, litigation or proceeding pending or, to the best knowledge of the Company, threatened against or affecting any of the Obligors or any of their respective Subsidiaries or any of the property or assets thereof in any court or before any arbitrator or by or before any other Governmental Authority of any kind that (a) either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect or (b) challenges the legality, validity, binding effect or enforceability of this Agreement or any of the other Note Documents or the consummation of the sale and purchase of the Notes or any of the other transactions contemplated hereby or thereby.

No Litigation or Other Proceedings. Except as described on in Schedule 5.8 attached 3.7 hereto, there shall exist no action, suit, investigation, litigation or proceeding pending or, to the best knowledge of the Company, threatened against or affecting any of the Obligors Company or any of their respective its Subsidiaries or any of the property or assets thereof in any court or before any arbitrator or by or before any other Governmental Authority of any kind that (a) either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect or (b) challenges the legality, validity, binding effect or enforceability of this Agreement, the Subsidiary Guaranty, the Security Agreement or any of the other Note Documents or the consummation of the sale and purchase of the Notes Notes, Warrants and Nominal Warrants or any of the other transactions contemplated hereby or thereby, other than the Cases and the Confirmation Order (including the Plan Modification and the approval thereof by the Bankruptcy Court).