Common use of Actions Pending Clause in Contracts

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, could reasonably be expected to result in any Material Adverse Effect.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, which could be reasonably be expected to result in any Material Adverse Effectmaterial adverse change in the business, property or assets, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as a whole or the ability of the Company to perform its obligations under this Agreement.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, Subsidiary or any properties or rights of the Company or any of its SubsidiariesSubsidiary, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, which could reasonably be expected to result in any Material Adverse Effect.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, which could be reasonably be expected to result in any Material Adverse Effectmaterial adverse change in the business, property or assets, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as a whole.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, could reasonably be expected to which might result in any Material Adverse Effectmaterial adverse change in the business, property or assets, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as a whole.

Actions Pending. There is no action, suit, investigation suit or proceeding pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries, or any respective properties or rights of the Company before any court or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, could reasonably be expected to result in any Material Adverse Effectarbitration board or tribunal.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the CompanyIssuers, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in which the aggregate, could reasonably be expected to Company believes would result in any a Material Adverse Effect.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its SubsidiariesCompany, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, which could reasonably be expected to result in any Material Adverse Effect.

Actions Pending. There is are no actionactions, suitsuits, investigation investigations or proceeding proceedings pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body whichthat, individually or in the aggregate, could reasonably be expected to result in any have a Material Adverse Effect.

Actions Pending. There is no action, suit, investigation action or proceeding pending or, to the knowledge of the Company, threatened against the Company or any Subsidiary before any court or administrative agency which might result in a material adverse change in the business or condition of its Subsidiaries, the Company and the Subsidiaries when taken as a whole. There are no outstanding judgments or any properties or rights of awards against the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, could reasonably be expected to result in any Material Adverse EffectSubsidiary.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, which could reasonably be expected to result in any Material Adverse Effectmaterial adverse change in the business, property or assets, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as a whole.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of Holdings or the Company, threatened against Holdings, the Company or any of its Subsidiaries, other Subsidiary or any properties or rights of Holdings, the Company or any of its Subsidiariesother Subsidiary, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, which could reasonably be expected to result in any Material Adverse Effect.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its SubsidiariesSubsidiary, or any properties or rights of the Company or any of its SubsidiariesSubsidiary, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, which could reasonably be expected to result in any Material Adverse Effectmaterial adverse change in the business, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as a whole.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the CompanyObligors, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in which the aggregate, could reasonably be expected to Company believes would result in any a Material Adverse Effect.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, could reasonably be expected to result in any Material Adverse Effectmaterial adverse change in the business, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as a whole.

Actions Pending. There is no action, suit, investigation or --------------- proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company Subsidiary or any of its Subsidiariestheir properties or rights, by or before any court, arbitrator or administrative or governmental body whichbody, individually or in the aggregatewhich if adversely decided, could reasonably be expected to result in any have a Material Adverse Effect.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, Subsidiary or any properties or rights of the Company or any of its SubsidiariesSubsidiary, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, which could be reasonably be expected to result in any Material Adverse Effectmaterial adverse change in the business, assets, operations or condition (financial or otherwise) of the Company and its Subsidiaries taken as a whole.

Actions Pending. There is no action, suit, investigation suit or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, Consolidated Subsidiaries by or before any court, arbitrator or administrative or governmental body in which there is a significant probability of an adverse decision which, individually or in the aggregateif adversely decided, could reasonably be expected to would result in any Material Adverse Effectmaterial adverse change in the business, condition (financial or otherwise) or operations of the Company and its Consolidated Subsidiaries taken as a whole or which in any manner draws into question the validity of this Agreement or any Note.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against or affecting the Company or any of its SubsidiariesCompany, or any its properties or rights of the Company rights, before any court or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body whichor arbitration board or tribunal, individually or in the aggregate, could outcome of which may be reasonably be expected to result in any Material Adverse Effectmaterial adverse change in the business, operations or condition (financial or other) of the Company.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, Subsidiary or any properties or rights of the Company or any of its SubsidiariesSubsidiary, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, could be reasonably be expected to result in any have a Material Adverse Effect.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, which could reasonably be expected to result in any Material Adverse Effectmaterial adverse change in the business, property or assets, condition (financial or otherwise) or operations o f the Company and its Subsidiaries taken as a whole.

Actions Pending. There is no action, --------------- suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiariesproperties as to which there is a significant likelihood of an adverse determination and which, if adversely determined, might result in any material adverse change in the business, financial condition or any properties or rights operations of the Company or which involves the possibility of materially adversely affecting the ability of the Company to comply with this Agreement or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, could reasonably be expected other Operative Documents to result in any Material Adverse Effectwhich the Company is a party.

Actions Pending. There is no action, suit, proceeding, inquiry or investigation before or proceeding by any court, public board, government agency, self-regulatory organization or body pending or, to the knowledge Knowledge of the Company, threatened against or affecting the Company or any of its the Subsidiaries, or any properties of their respective officers or rights of the Company or any of its Subsidiariesdirectors in their capacities as such, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, could which would reasonably be expected to result in any have a Material Adverse Effect.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties of their respective properties, which might result in any material adverse change in the business, condition (financial or rights otherwise) or operations of the Company any of its Subsidiaries or which involves the possibility of materially adversely affecting the ability of the Company to comply with this Agreement or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, could reasonably be expected other Operative Documents to result in any Material Adverse Effectwhich the Company is a party.

Actions Pending. There is are no actionactions, suitsuits, investigation investigations or proceeding proceedings pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body whichthat, individually or in the aggregate, could reasonably be expected to result in any have a Material Adverse Effect.. As used in this Amendment No. 1, the term "

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its SubsidiariesSubsidiary, or any properties or rights of the Company or any of its SubsidiariesSubsidiary, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, which could reasonably be expected to result in any Material Adverse Effectmaterial adverse change in the business, condition (financial or otherwise) or operations of the Company and its Subsidiaries taken as a whole.

Actions Pending. There Except as set forth on Part 10C of Annex 3, there is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, that could reasonably be expected to result in any have a Material Adverse Effect.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, could would reasonably be expected to result in any Material Adverse Effect.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, the Material Subsidiaries which purports to affect the validity or enforceability of this Indenture or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, could reasonably be expected to result in any Material Adverse Effectother Note Document.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body whichbody, individually or in the aggregate, which could reasonably be expected to result in any a Material Adverse Effect.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the best of the knowledge of the Company, threatened against the Company or any of its Subsidiaries, at law or any properties or rights of the Company or any of its Subsidiaries, by or in equity before any court, arbitrator or arbitrator, administrative or governmental body whichbody, individually or in the aggregate, could that can reasonably be expected to result in any Material Adverse Effectmaterial adverse change in the business, condition or operations of the Company or such Subsidiary.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, could which would reasonably be expected to result in any Material Adverse Effect.

Actions Pending. There is no action, suit, claim, investigation or proceeding pending or, to the knowledge of the Company, threatened against to which the Company is a party or any of its Subsidiaries, which the business or any properties or rights of the Company are the subject that (i) seeks to prohibit or any of its Subsidiariesrestrain the Contribution or the other transactions contemplated by this Agreement, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate(ii) if adversely determined, could reasonably be expected reasonably to result in any have a Material Adverse Effect.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge Knowledge of the Company, threatened against the Company or any of its Subsidiariessubsidiaries, or any of their respective properties or rights of the Company rights, before any court or any of its Subsidiaries, by or before any court, arbitrator or administrative or governmental body which, individually or in the aggregate, could arbitration board or tribunal that would reasonably be expected to result have a Material Adverse Effect or that in any Material Adverse Effectmanner challenges or seeks to prevent, enjoin, alter or materially delay the consummation of the transactions contemplated hereby or by the Agreement to Sublease or any of the Ancillary Agreements.

Actions Pending. There is are no actionactions, suitsuits, investigation investigations or proceeding proceedings pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries, or any properties or rights of the Company or any of its Subsidiaries, by or before any courtcourts, arbitrator governmental bodies, arbitration boards or administrative or governmental body whichother tribunals, which if decided adversely to the Company could reasonably be expected, individually or in the aggregate, could reasonably be expected to result in any Material Adverse Effectmaterial adverse change in the business, financial condition or results of operations of the Company and its subsidiaries taken as a whole.

Actions Pending. There is no action, suit, investigation or proceeding pending or, to the knowledge of the Company, threatened against the Company or any of its SubsidiariesCompany, or any properties or rights of the Company or any of its SubsidiariesCompany, by or before any court, arbitrator or administrative or governmental body which, individually which questions the validity of this Agreement or in the aggregate, could Notes or any action taken or to be taken pursuant to this Agreement or the Notes or which would be reasonably be expected likely to result in any Material Adverse Effectmaterial adverse change in the business, property or assets, condition or operations of the Company, or in the inability of the Company to perform its obligations hereunder or under the Notes.