Common use of Claims or Litigation Clause in Contracts

Claims or Litigation. Except as set forth on Schedule 5.11 attached hereto, none of the Contributing Parties has received notice of any claim, demand, suit or unfiled Lien against the Contributing Parties or the Property nor to any of the Contributing Parties' Actual Knowledge has any proceeding or litigation of any kind, pending or outstanding, been filed before any court or administrative, governmental or regulatory authority, agency or body, domestic or foreign, and, to the Actual Knowledge of any of the Contributing Parties, no order, judgment, injunction or decree of any court, tribunal or other governmental authority has been filed against the Contributing Parties or the Property or, to the Actual Knowledge of any of the Contributing Parties, threatened, or likely to be made or instituted, which would have a materially adverse affect on the business or financial condition of any of the Contributing Parties or the Property or would interfere with a Contributing Party's ability to execute or deliver or perform its obligations under this Agreement or in any way be binding upon BNP or affect or limit BNP's full use and enjoyment of the Property.

Appears in 4 contracts

Samples: Exchange Agreement (BNP Residential Properties Inc), Exchange Agreement (BNP Residential Properties Inc), Exchange Agreement (BNP Residential Properties Inc)

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