Common use of No Investigations Clause in Contracts

No Investigations. To the Borrower’s knowledge, there is no investigation or review by any Governmental Agency, or action, suit, proceeding or arbitration, pending or concluded, concerning any matter with respect to the ESOP or ESOT relevant as to whether any representation set forth at Section 6.6(C) or this Section 6.21 was, or has or will at anytime become, inaccurate or breached or, if were to be made at any time prior to the satisfaction of all Obligations, would be inaccurate when made (other than in respect of (i) periodic requests to the IRS to issue a favorable determination letter to the effect that the ESOP is and continues to be a qualified plan and employee stock ownership plan and (ii) Annual Reports (IRS Form 5500 Series) for the ESOP), and neither the ESOP Fiduciary nor, to the best knowledge of the Borrower, the ESOT Trustee has made any assertion with respect to the ESOP or ESOT contrary to or inconsistent with the accuracy of any such representation which assertion could reasonably be expected to have a Material Adverse Effect.

No Investigations. To the Borrower’s Company's knowledge, there is no investigation or review by any Governmental Agency, or action, suit, proceeding or arbitration, pending or concluded, concerning any matter with respect to the ESOP or ESOT relevant as to whether any representation set forth at Section 6.6(Csection 6.5(c) or this Section 6.21 section 6.20 was, or has or will at anytime become, inaccurate or breached or, if were to be made at any time prior to the satisfaction of all Obligationsobligations under this Agreement and the other Operative Documents, would be inaccurate when made (other than in respect of (iA) periodic requests to the IRS to issue a favorable determination letter to the effect that the ESOP is and continues to be a qualified plan and employee stock ownership plan and (iiB) Annual Reports (IRS Form 5500 Series) for the ESOP), and neither the ESOP Fiduciary nor, to the best knowledge of the BorrowerCompany, the ESOT Trustee Trustee, has made any assertion with respect to the ESOP or ESOT contrary to or inconsistent with the accuracy of any such representation which assertion could reasonably be expected to have a Material Adverse Effect.

No Investigations. To the Borrower’s 's knowledge, there is no investigation or review by any Governmental Agency, or action, suit, proceeding or arbitration, pending or concluded, concerning any matter with respect to the ESOP or ESOT relevant as to whether any representation set forth at Section 6.6(C) or this Section 6.21 was, or has or will at anytime become, inaccurate or breached or, if were to be made at any time prior to the satisfaction of all Obligations, would be inaccurate when made (other than in respect of (i) periodic requests to the IRS to issue a favorable determination letter to the effect that the ESOP is and continues to be a qualified plan and employee stock ownership plan and (ii) Annual Reports (IRS Form 5500 Series) for the ESOP), and neither the ESOP Fiduciary nor, to the best knowledge of the Borrower, the ESOT Trustee has made any assertion with respect to the ESOP or ESOT contrary to or inconsistent with the accuracy of any such representation which assertion could reasonably be expected to have a Material Adverse Effect.