Common use of Pending Litigation Clause in Contracts

Pending Litigation. There are no proceedings, actions or investigations pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary in any court or before any Governmental Authority or arbitration board or tribunal that, in the aggregate for all such proceedings, actions and investigations, could reasonably be expected to have a Material Adverse Effect.

Pending Litigation. There are no proceedingsactions, actions suits or investigations proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Consolidated Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal thatwhich involve the possibility of materially and adversely affecting the properties, in business, profits or condition (financial or otherwise) of the aggregate for all such proceedingsCompany and its Consolidated Subsidiaries, actions and investigations, could reasonably be expected to have taken as a Material Adverse Effectwhole.

Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal thatwhich, if adversely determined, could in the aggregate for all such proceedings, actions and investigations, could reasonably be expected to have a Material Adverse Effectmaterial adverse effect on the properties, business, prospects, profits or condition (financial or otherwise) of the Company and its Subsidiaries. The Company is not in default with respect to any order of any court or governmental authority or arbitration board or tribunal.

Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the CompanyCompany after due inquiry, threatened against or affecting the Company or any Restricted Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal that, in the aggregate for all such proceedings, actions and investigations, which could reasonably be expected to have a Material Adverse Effect.

Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal that, in the aggregate for all such proceedings, actions and investigations, could which would be reasonably be expected to have a Material Adverse Effect.

Pending Litigation. There are no proceedingsactions, actions suits or investigations proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Consolidated Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal thatwhich involve the possibility of materially and adversely affecting (1) the properties, in business, profits or condition (financial or otherwise) of the aggregate for all such proceedingsCompany and its Consolidated Subsidiaries, actions and investigations, could reasonably be expected taken as a whole or (2) the ability of the Company to have a Material Adverse Effectperform its obligations under the Transaction Documents.

Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Restricted Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal that, in the aggregate for all such proceedings, actions and investigations, could reasonably be expected to which would have a Material Adverse Effect.

Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary its Subsidiaries in any court or before any Governmental Authority governmental authority or arbitration board or tribunal that, in the aggregate for all such proceedings, actions and investigations, which could reasonably be expected to have result in a Material Adverse Effect.

Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the Company, threatened against or affecting the Company or any Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal thatwhich involve the possibility of materially and adversely affecting the properties, business, prospects, profits or condition (financial or otherwise) of the Company and its Subsidiaries, taken as a whole, or the ability of the Company to perform its undertakings under and in respect of this Agreement, the aggregate for all such proceedings, actions Rights Agreement and investigations, could reasonably be expected to have a Material Adverse Effectthe Preferred Stock.

Pending Litigation. There are no proceedings, actions or investigations proceedings pending or, to the knowledge of the CompanyCompany threatened, threatened against or affecting the Company or any Subsidiary in any court or before any Governmental Authority governmental authority or arbitration board or tribunal that, in the aggregate for all such proceedings, actions and investigations, or regulatory agency which could reasonably be expected to, individually or in the aggregate, materially and adversely affect the properties, business, prospects, profits or condition (financial or otherwise) of the Company or the ability of the Company to have a Material Adverse Effectcomply with or perform its respective obligations under the Agreement or the Notes.