Common use of 9Litigation Clause in Contracts

9Litigation. Except as set forth on Schedule 5.9 (including any updates provided pursuant to Section 3.7(d)), there are no Proceedings at law or in equity, or before or by any court or other Governmental Authority that are pending or, to the knowledge of ESCO, threatened against or affecting ESCO or any property of ESCO that, if determined adversely to ESCO, would reasonably be expected to have a Material Adverse Effect. Except as set forth on Schedule 5.9 (including any updates provided pursuant to Section 3.7(d)), the ESCO is not subject to or in default with respect to any final judgments, writs, injunctions, decrees, rules or regulations of any court or other Governmental Authority, except for those that would not reasonably be expected to result in a Material Adverse Effect.