Common use of No Material Litigation Clause in Contracts

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary or against any of its or their respective properties or revenues which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrowereach Registrant on behalf of its respective series which are Borrowers, threatened by or against the Borrower or any Subsidiary such Borrowers or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Restricted Subsidiaries or against any of its or their respective properties or revenues revenues, which could would be reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerCompany, threatened by or against the Borrower Company or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which could reasonably be expected with respect to have a Material Adverse Effectany of the Credit Documents or any of the transactions contemplated hereby or thereby.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the any Borrower, threatened by or against the Borrower Company or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary Borrower Affiliate of the Borrower, or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which (a) with respect to this Agreement or any other Loan Document or the Transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues as of the Closing Date (a) with respect to this Agreement or any of the actions contemplated hereby, or (b) which could reasonably be expected involves a probable risk of an adverse decision which would materially restrict the ability of the Borrower to have a Material Adverse Effectcomply with its obligations under this Agreement.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which (i) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (ii) that could reasonably be expected to have a Material Adverse Effect, except as set forth on Schedule 7.1(f).

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the REIT or the Borrower, threatened by or against the Borrower or any Subsidiary Group Member or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerBorrowers, threatened by or against the any Borrower or any Subsidiary of their respective Subsidiaries or against any of its or their respective properties or revenues (a) with respect to this Agreement, the Notes, the other Loan Documents or any of the transactions contemplated hereby, or (b) as to which there is a reasonable likelihood of an adverse determination and which, if adversely determined, could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which assets that (a) purport to affect or pertain to this Agreement or any other Loan Document or any of the transactions contemplated hereby or thereby, or (b) could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, action, suit, claim, dispute, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary Loan Party or against any of its or their respective properties or revenues which that (i) could reasonably be expected to have have, individually or in the aggregate, a Material Adverse EffectEffect or (ii) as of the Closing Date, purports to affect or pertain to any of the Loan Documents or any of the transactions contemplated hereby or thereby.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Parent or any other Borrower, threatened in writing by or against the Borrower or any Subsidiary Group Member or against any of its or their respective properties or revenues which could (a) with respect to this Agreement or any of the other Loan Documents or any of the transactions contemplated hereby or thereby or (b) that would have or reasonably be expected to have a Material Adverse EffectEffect (after giving effect to applicable insurance).

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the best knowledge of the BorrowerCompany, threatened by or against the Borrower Company or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to this Agreement or any Loan or any of the transactions contemplated hereby or (b) which could would reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Parent Borrower, threatened by or against the Parent Borrower or any Subsidiary of its Restricted Subsidiaries or against any of its or their respective properties or revenues revenues, which could would be reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of Holdings or the Borrower, threatened by or against Holdings, the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Parent REIT or the Borrower, threatened by or against the Borrower or any Subsidiary Group Member or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, (b) with respect to the ability of the Group Members, taken as a whole, to perform their obligations hereunder, or (c) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding or, to the knowledge of the Borrower, investigation, of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrowera Responsible Officer, threatened in writing by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which could (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that would reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the such Borrower, threatened by or against the such Borrower or any Subsidiary Borrower Affiliate of such Borrower, or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding or, to the knowledge of the Borrower, investigation, of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrowera Responsible Officer, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which could (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that would reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerCompany, threatened by or against the Borrower Company or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which could is reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower (a) with respect to any Loan Document or any Subsidiary of the transactions contemplated hereby or against any of its thereby or their respective properties or revenues (b) which if adversely determined, could reasonably be expected to have result in a Material Adverse EffectChange.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerCompany, threatened by or against the Borrower Company or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to this Agreement or any Note or any of the transactions contemplated hereby, or (b) which could reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the business, operations, property or financial or other condition of the Company and its Subsidiaries taken as a whole.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which if adversely determined could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation litigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of Holdings or the Borrower, overtly threatened in writing by or against Holdings, the Borrower or any Subsidiary of the Restricted Subsidiaries or against any of its or their respective properties or revenues which could that would reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, proceeding or investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the such Borrower, threatened by or against the such Borrower or any Subsidiary or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse EffectEffect with respect to such Borrower.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the any Borrower or any Subsidiary the Guarantor or against any of its or their respective properties or revenues which could reasonably be expected to if adversely determined, would have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Restricted Subsidiaries or against any of its or their respective properties Properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect, except as set forth on Schedule 3.6.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary Borrower Affiliate, or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the best knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which (a) with respect to the Credit Documents or any Loan or any of the transactions contemplated hereby, or (b) which, if adversely determined, could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the any Borrower, threatened by or against the any Borrower or any Subsidiary or against any of its or their respective properties Properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerIssuer, threatened by or against the Borrower Issuer or any Subsidiary Issuer Affiliate, or against any of its or their respective properties or revenues which (a) with respect to this Note or any of the transactions contemplated hereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerCompany, threatened by or against the Borrower Company or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary Borrower Affiliate, or against any of its or their respective properties or revenues which (a) with respect to any of the Subordinated Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerLoan Parties, threatened by or against the Borrower any Loan Party or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents and the other transactions contemplated hereby or thereby, or (b) which could would reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the such Borrower, threatened by or against the Borrower any Loan Party or any Subsidiary Investment Party or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby, or (b) which, if adversely determined, could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Parent Borrower, threatened by or against the Borrower Holdings or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues revenues, (a) which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which could be reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No Except as previously advised to Lender in writing, no litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary or against any of its or their respective properties or revenues (a) with respect to the Loan Documents or any of the transactions contemplated thereby, or (b) which could reasonably be expected to have a Material Adverse EffectEffect upon the Borrower.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerBorrowers, threatened by or against the any Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which could (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that would reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerBorrowers, threatened by or against the Borrower Company or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of Holdings or the Borrower, threatened by or against Holdings, the Borrower or any Subsidiary of their respective Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse EffectEffect (as determined in good faith by the Borrower).

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which assets that (a) purport to affect or pertain to this Agreement or any other Credit Document or any of the transactions contemplated hereby or thereby, or (b) could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Restricted Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation proceeding, investigation, audit, claim, demand or proceeding dispute with, of or before any arbitrator or Governmental Authority is pending or, to the knowledge of Holdings or the Borrower, threatened by or against Holdings, the Borrower or any Restricted Subsidiary or against any of its or their respective properties Properties or revenues which could (a) involve any of the Loan Documents or (b) taken as a whole, would reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerParent or the Borrowers, threatened by or against the Borrower Parent, the Borrowers or any Subsidiary of their Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, proceeding or investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or in writing, against the Borrower or any Subsidiary Group Member or against any of its or their respective properties Properties or revenues which could which, taken as a whole, would reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of Holdings or the Borrower, threatened by or against Holdings, the Borrower or any Subsidiary of their respective Subsidiaries or against any of its or their respective properties or revenues which revenues, or with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, that could reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Restricted Subsidiaries or against any of its or their respective properties or revenues which that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary its Material Subsidiaries or against any of its or their respective properties or revenues (a) with respect to this Agreement or the Loan Documents or any of the transactions contemplated hereby or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerBorrower or any Subsidiary, threatened by or against the Borrower or any Subsidiary or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the any Borrower, threatened by or against the such Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigationlitigations, investigation investigations or proceeding proceedings of or before any arbitrator or Governmental Authority is are pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties (a) with respect to any of the Loan Documents or revenues any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to if adversely determined would, individually or in the aggregate, have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could would be reasonably be expected likely to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding ---------------------- of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to if adversely determined, would have a Material Adverse Effectmaterial adverse effect on the business, operations, property or financial or other condition of the Borrower and its Subsidiaries taken as a whole.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the best knowledge of the Borrower, is threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the Transactions or (b) which could could, whether individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Parent Borrower, threatened by or against the Borrower Holdings or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) which is so pending or threatened at any time on or prior to the Closing Date and relates to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) which could be reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is shall be pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary or against the Bank with respect to any of its the Loan Documents or their respective properties any of the transactions contemplated hereby or revenues which could reasonably be expected to have a Material Adverse Effectthereby.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, or to the knowledge of the Borrower, Borrower threatened by or against the Borrower or any Subsidiary or against any of its or their respective properties or revenues which could reasonably be expected (a) with respect to any Loan Document or any of the transactions contemplated hereby or thereby, or (b) which, if adversely determined, would have a Material Adverse Effectmaterial adverse effect on the business, operations, property or financial or other condition of the Borrower.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerBorrowers, threatened by or against the Borrower Borrowers or any Subsidiary of their Subsidiaries or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerXxxxxxxx’s knowledge, threatened by or against the Borrower or any Subsidiary Loan Party or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigationLitigation, investigation investigation, or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary Company or against any of its or their respective properties or revenues (a) with respect to the Loan Documents or any of the transactions contemplated hereby or (b) which could is reasonably be expected likely to have constitute a Material Adverse EffectEvent.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower Company or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which could reasonably be expected (a) with respect to this Agreement, any of the other Financing Documents or any of the transactions contemplated hereby or thereby, or (b) which, if adversely determined, would have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the best knowledge of the BorrowerCompany, threatened by or against the Borrower Company or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to this Agreement or any Loan or any of the transactions contemplated hereby or (b) except as previously disclosed in filings with the SEC, which could would reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the such Borrower, threatened by or against the such Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator arbitrator, court or Governmental Authority is pending or, to the knowledge of the BorrowerCompany or any of its Subsidiaries, threatened by or against the Borrower Company or any Subsidiary or against any of its Subsidiaries or against its or their respective properties or revenues which could reasonably is likely to be expected adversely determined and which, if adversely determined, is likely to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation investigations or proceeding proceedings of or before any arbitrator courts, tribunals, arbitrators or Governmental Authority is governmental authorities are pending or, to the knowledge of the BorrowerProvider, threatened by or against the Borrower Provider or any Subsidiary of its Subsidiaries, or against any of its or their respective properties or revenues which could revenues, existing or future (a) with respect to this Undertaking or any of the transactions contemplated hereby, or (b) which, if adversely determined, would reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which (a) with respect to this Agreement, the Revolver Note, the other Loan Documents or any of the transactions contemplated hereby or thereby, or (b) as to which, if adversely determined, could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which that could reasonably be expected to have a Material Adverse Effect, except for any Disclosed Litigation.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerXxxxxxxx’s knowledge, threatened by or against the Borrower or any Subsidiary Loan Party or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents, the Acquisition Documents, or any of the transactions contemplated hereby or thereby or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the any Borrower, threatened in writing by or against the Borrower or any Subsidiary Group Member or against any of its or their respective properties or revenues which could (a) with respect to this Agreement or any of the other Loan Documents or any of the transactions contemplated hereby or thereby or (b) that would have or reasonably be expected to have a Material Adverse EffectEffect (after giving effect to applicable insurance or indemnification).

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which (i) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (ii) that could reasonably be expected to have a Material Adverse Effect, except as set forth on Schedule 7.01(f).

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby except proceedings of the Gaming Boards identified on Schedule 4.4, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties Properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to this Agreement, the other Loan Documents or any of the transactions contemplated hereby, or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerBorrowers, threatened by or against the either Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of Holdings, Mid-Holdings or the Borrower, threatened in writing by or against the Borrower Holdings or any Subsidiary Group Member or against any of its or their respective properties or revenues which could (a) with respect to this Agreement or any of the other Loan Documents or any of the transactions contemplated hereby or thereby or (b) that would have or reasonably be expected to have a Material Adverse EffectEffect (after giving effect to applicable insurance).

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary Borrower Affiliate of the Borrower, or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the REIT or the Borrower, threatened by or against the REIT, the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerCompany, threatened by or against the Borrower Company or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No material litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary or against any of its or their respective properties or revenues which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerCompany, threatened by or against the Borrower Company or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues as of the Closing Date (a) with respect to this Agreement or any of the actions contemplated hereby, or (b) which could reasonably be expected involves a probable risk of an adverse decision which would materially restrict the ability of the Company to have a Material Adverse Effectcomply with its obligations under this Agreement.

No Material Litigation. No litigation, investigation There is no litigation or administrative proceeding of or before any arbitrator or Governmental Authority Government Entity is pending or, to the knowledge Knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary or against any of its or their respective properties or revenues which could reasonably be expected to property which, if adversely determined based on the claims made against the Borrower, would have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower Completion Guarantor or any Subsidiary Loan Party or against any of its or their respective properties or revenues which (a) with respect to any of the Financing Agreements or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the such Borrower, threatened by or against the such Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues as of the Closing Date (a) with respect to this Agreement or any of the actions contemplated hereby, or (b) which could reasonably be expected involves a probable risk of an adverse decision which would materially restrict the ability of such Borrower to have a Material Adverse Effectcomply with its obligations under this Agreement.

No Material Litigation. No litigation, investigation or ---------------------- proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Company or the Borrower, threatened by or against the Borrower Company or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the each Borrower, threatened by or against the such Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties Properties (i) with respect to any of this Agreement, the Notes or revenues any of the transactions contemplated hereby or thereby or (ii) which could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the BorrowerBorrowers, threatened in writing by or against the Borrower Holdings or any Subsidiary Group Member or against any of its or their respective properties or revenues which could (a) with respect to this Agreement or any of the other Loan Documents or any of the transactions contemplated hereby or thereby or (b) that would have or reasonably be expected to have a Material Adverse EffectEffect (after giving effect to applicable insurance).

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Subsidiaries or against any of its or their respective properties or revenues which that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower Completion Guarantor or any Subsidiary Loan Party or against any of its or their respective properties or revenues which (a) with respect to any of the Financing Agreements or any of the transactions contemplated hereby or thereby, or (b) that, individually or collectively, could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary or against any of its or their respective properties or revenues which could reasonably be expected to have a Material Adverse EffectEffect is pending or to the Borrower's knowledge, threatened by or against the Borrower or to the knowledge of the Borrower against any of its properties or revenues.

No Material Litigation. No litigation, investigation or proceeding proceedings of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary or against any of its or their respective properties or revenues with respect to the Loan Documents or any of the transactions contemplated hereby or thereby, which could reasonably be expected to would have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of Holdings or the BorrowerBorrowers, threatened by or against Holdings, the Borrower Borrowers or any Subsidiary of their Subsidiaries or against any of its or their respective properties or revenues which (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) that could reasonably be expected to have a Material Adverse Effect.

No Material Litigation. No litigation, investigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the knowledge of the Borrower, threatened by or against the Borrower or any Subsidiary of its Restricted Subsidiaries or against any of its or their respective properties or revenues (a) which is so pending or threatened prior to the Closing Date with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby, or (b) which could reasonably be expected to have a Material Adverse Effect.