Common use of Litigation; Adverse Effects Clause in Contracts

Litigation; Adverse Effects. (a) There is no action, suit, Proceeding, governmental investigation or arbitration, at law or in equity, or before or by any Governmental Authority, pending or, to the best of Borrower's knowledge, threatened against Borrower, the REIT or any Portfolio Property, which, if adversely determined, would (i) result in a Material Adverse Effect on Borrower or the REIT, (ii) materially and adversely affect the ability of any party to any of the Loan Documents to perform its obligations thereunder, or (iii) materially and adversely affect the ability of Borrower to perform its obligations contemplated in the Loan Documents.

Litigation; Adverse Effects. (a) There is no action, suit, Proceedingproceeding, governmental investigation or arbitration, at law or in equity, or before or by any Governmental Authority, pending or, to the best of Borrower's knowledge, threatened against Borrower, the REIT Borrower or any Portfolio Property of Borrower (including any Unencumbered Pool Property), which, if adversely determined, would which (i) result in a Material Adverse Effect on Borrower or the REITBorrower, (ii) materially and adversely affect the ability of any party to any of the Loan Documents to perform its obligations thereunder, or (iii) materially and adversely affect the ability of Borrower to perform its obligations contemplated in the Loan Documents.

Litigation; Adverse Effects. (a) There is no action, suit, Proceeding, governmental investigation or arbitration, at law or in equity, or before or by any Governmental Authority, pending or, to the best of Borrower's ’s knowledge, threatened against Borrower, the REIT or any Portfolio Property, which, if adversely determined, would (i) result in a Material Adverse Effect on Borrower or the REIT, (ii) materially and adversely affect the ability of any party to any of the Loan Documents to perform its obligations thereunder, or (iii) materially and adversely affect the ability of Borrower to perform its obligations contemplated in the Loan Documents.

Litigation; Adverse Effects. (a) There is no action, suit, Proceedingproceeding, governmental investigation or arbitration, at law or in equity, or before or by any Governmental Authority, pending or, to the best of Borrower's knowledge, threatened against Borrower, the REIT any Affiliate of Borrower or any Portfolio Property (including any Borrowing Base Property), which, if adversely determined, would which (i) result in a Material Adverse Effect on Borrower or the REITBorrower, (ii) materially and adversely affect the ability of any party to any of the Loan Documents to perform its obligations thereunder, or (iii) materially and adversely affect the ability of Borrower to perform its obligations contemplated in the Loan Documents.

Litigation; Adverse Effects. (ai) There is no action, suit, Proceedingproceeding, governmental investigation or arbitration, at law or in equity, or before or by any Governmental Authority, pending or, to the best of Borrower's knowledge, threatened against Borrower, the REIT Borrower or any Portfolio Property of Borrower (including any Borrowing Base Property), which, which if adversely determined, determined would (iA) result in a Material Adverse Effect on Borrower or the REITany Borrowing Base Property, (iiB) materially and adversely affect the ability of any party to any of the Loan Documents to perform its obligations thereunder, or (iiiC) materially and adversely affect the ability of Borrower to perform its obligations contemplated in the Loan Documents.