Common use of Liabilities and Litigation Clause in Contracts

Liabilities and Litigation. Neither Borrower, nor any Subsidiary, nor any Partnership, nor any LLC has any material liabilities (individually or in the aggregate) direct or contingent, except as referred to or reflected in the Financial Statements. There is no litigation, legal or administrative proceeding, investigation, or other action of any nature pending or, to the knowledge of Borrower, threatened against or affecting Borrower, or any Subsidiary, or any Partnership, or any LLC that involves the possibility of any judgment or liability not fully covered by insurance or that if adversely decided could reasonably be expected to materially and adversely affect the business or the Properties of Borrower, or any Subsidiary, or any Partnership, or any LLC or the ability of Borrower, or any Subsidiary, or any Partnership, or any LLC to carry on its business as now conducted.