Litigation; Government Proceedings. No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company, or to the Company’s knowledge, the Sponsor, or any executive officer or director of the Company, or its or their property is pending or, to the knowledge of the Company, threatened that (i) would reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) would reasonably be expected to have a Material Adverse Effect, except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto).
Litigation; Government Proceedings. Borrower will give prompt Notice to Lender of any litigation or governmental proceedings pending or, to the best of Borrower’s knowledge, threatened in writing against Borrower or any Borrower Principal which might have a Material Adverse Effect. As and when requested by Lender, Borrower will provide Lender with written updates on the status of all litigation proceedings affecting Borrower or any Borrower Principal.
Litigation; Government Proceedings. No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company, or to the Company’s knowledge, the Sponsors, the Sponsors’ members or any officer or director of the Company, or its or their property is pending or, to the knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to have a material adverse effect on the condition (financial or otherwise), prospects, earnings, business or properties of the Company, whether or not arising from transactions in the ordinary course of business, except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto).
Litigation; Government Proceedings. No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or to the best knowledge of the Company, any Initial Stockholder, or its or their property is pending or, to the best knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to have a material adverse effect on the condition (financial or otherwise), prospects, earnings, business or properties of the Company, whether or not arising from transactions in the ordinary course of business, except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto).
Litigation; Government Proceedings. No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company, the Sponsor, or, to the Company’s knowledge, any executive officer or director of the Company, or its or their property is pending or, to the knowledge of the Company, threatened (and in the case of the executive officers or directors of the Company that (i) would reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) would reasonably be expected to have a Material Adverse Effect), except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto).
Litigation; Government Proceedings. No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company, or to the Company’s knowledge, any Founder, or its or their property is pending or, to the knowledge of the Company, threatened that (i) would reasonably be expected to have a material adverse effect on the performance by the Company of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) would reasonably be expected to have a Material Adverse Effect.
Litigation; Government Proceedings. No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company, the Founding Shareholders or any officer or director of the Company or its or their property is pending or, to the knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby by the Company, the Founding Shareholders or any officer or director of the Company or (ii) could reasonably be expected to have a material adverse effect on the condition (financial or otherwise), prospects, earnings, business or properties of the Company, whether or not arising from transactions in the ordinary course of business, except as set forth in or contemplated in the Statutory Prospectus and the Prospectus (exclusive of any supplement thereto).
Litigation; Government Proceedings. There is no action, suit, claim or proceeding pending or, to the knowledge of the Company, threatened against or affecting the Company (including any of its officers, directors or property) or, to the knowledge of the Company, pending or threatened against or affecting any of the Initial Stockholders before any court or administrative agency or otherwise that would reasonably be expected to have a Material Adverse Effect, except as set forth in the Registration Statement, the Preliminary Prospectus and the Prospectus.
Litigation; Government Proceedings. No action, suit or proceeding by or before any court or governmental agency, authority or body or any arbitrator involving the Company or its property is pending or, to the knowledge of the Company, threatened that (i) could reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to have a material adverse effect on the condition (financial or otherwise), prospects, earnings, business or properties of the Company, whether or not arising from transactions in the ordinary course of business, except as set forth in or contemplated in the General Disclosure Package and the Prospectus (exclusive of any supplement thereto).
Litigation; Government Proceedings. (a) Except as set forth in Section 4.09(a) of the Company Disclosure Schedule, there are no material private or governmental actions, suits, proceedings, arbitrations, claims, inquiries, examinations, inspections or investigations pending by or before any Governmental Authority or SRO or tribunal, or, to the Company’s knowledge, threatened (including cease and desist letters or invitations to take a patent license) against the Company or any of its subsidiaries, any of their respective properties, rights or assets, or any of their respective officers or directors (in their capacities as such), any of their respective “associated persons” (as defined under Rule 1011 of the rules set forth in the FINRA Manual, as adopted by the Board of Governors of FINRA) (in their capacities as such) or, in the case of the UK Subsidiary, any person performing “controlled functions” (as defined in Section 59(3) of the FSMA) on behalf of the UK Subsidiary (in their capacities as such), or otherwise affecting in any material respect the business of the Company or any of its subsidiaries. Neither the Company nor any of its subsidiaries is the plaintiff in any such material proceeding and neither the Company nor any of its subsidiaries is contemplating commencing legal action against any other Person. The Company and its subsidiaries are not, and within the last four years have not been, the subject of any order, judgment, writ, injunction, decree or other directive of any court of competent jurisdiction, SRO or other Governmental Authority permanently or temporarily enjoining, or otherwise materially limiting any of their participation, in the following activities: (i) acting as a futures commission merchant, retail foreign exchange dealer, broker or dealer in securities, or engaging in or continuing any conduct or practice in connection with such activity, (ii) engaging in any type of business practice, or (iii) engaging in any activity in connection with the purchase or sale of any security, or which otherwise has, or would reasonably be expected to have, a Material Adverse Effect on the Company. Since December 31, 2007, no SRO or Governmental Authority has requested that the Company or any of its subsidiaries enter into a settlement negotiation or tolling agreement with respect to any matter related to any subpoena, written demand, inquiry or information request, which has, or would reasonably be expected to have, a Material Adverse Effect on the Company.
