Common use of Litigation, Labor Controversies, etc Clause in Contracts

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge of the Borrower, threatened litigation, action, proceeding, labor controversy arbitration or governmental investigation affecting any Obligor, or any of their respective properties, businesses, assets or revenues, which (a) could reasonably be expected to result in a Material Adverse Effect, except as disclosed in Item 6.6 (“Litigation”) of the Disclosure Schedule, or (b) purports to affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes or any other Loan Document.

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge of the Borrower, threatened litigation, action, proceeding, or labor controversy arbitration affecting the Borrower or governmental investigation affecting any Obligorof its Subsidiaries, or any of their respective properties, businesses, assets or revenues, which (a) could reasonably be expected to will result in a Material Adverse Effect, except as disclosed in Item 6.6 (“Litigation”) of the Disclosure Schedule, Effect or (b) which purports to affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes or any other Loan Document, except as disclosed in Item 6.7 (“Litigation”) of the Disclosure Schedule.

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge of the BorrowerBorrower or its Subsidiaries, threatened litigation, action, proceeding, investigation or labor controversy arbitration (a) affecting the Borrower or governmental investigation affecting any of its Subsidiaries or any Obligor, or any of their respective properties, businesses, assets or revenues, which (a) could reasonably be expected to result in could, if adversely determined, have a Material Adverse Effect, Effect except as disclosed in Item 6.6 (“Litigation”) 6.7 of the Disclosure Schedule, Schedule or (b) which purports to affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes Agreement or any other Loan Document.

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge of the Borrower, threatened litigation, action, proceeding, proceeding or labor controversy arbitration or governmental investigation affecting any Obligorthe Borrower, or any of their respective its properties, businesses, assets or revenues, which (a) could reasonably be expected to result in have a Material Adverse Effect, except as disclosed in Item 6.6 (“Litigation”) of the Disclosure Schedule, Effect or (b) which purports to affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes Note or any other Loan Document, except as disclosed in Item 6.7 ("Litigation") of the Disclosure Schedule.

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge of the Borrower, threatened litigation, action, proceeding, or labor controversy arbitration (a) affecting the Borrower or governmental investigation affecting any Obligorof its Subsidiaries, or any of their respective properties, businesses, assets or revenues, which (a) could reasonably be expected to result in have a Material Adverse Effect, except as disclosed in Item 6.6 6.7 (“"Litigation”") of the Disclosure Schedule, Schedule or (b) purports to which would adversely affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes or any other Loan DocumentDocument or the Refinancing.

Litigation, Labor Controversies, etc. There is no pending or, ------------------------------------- to the knowledge of the Borrower, threatened litigation, action, proceeding, or labor controversy arbitration affecting the Borrower or governmental investigation affecting any Obligorof its Significant Subsidiaries, or any of their respective properties, businesses, assets or revenues, which (a) could reasonably be expected to result in has any reasonable likelihood of having a Material Materially Adverse Effect, except as disclosed in Item 6.6 (“Litigation”) of the Disclosure Schedule, Effect or (b) which purports to affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes Notes, any Collateral Document or any other Loan Document.

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge of the Borrower, threatened litigation, action, proceeding, proceeding or labor controversy arbitration affecting Borrower or governmental investigation affecting any Obligorof its Subsidiaries, or any of their respective propertiesProperties, businesses, assets or revenues, or the Subject Interests, which (a) could reasonably be expected to result in have a Material Adverse Effect, except as disclosed in Item 6.6 (“Litigation”) of the Disclosure Schedule, Effect or (b) which purports to affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes Note or any other Loan Document, except as disclosed in Item 6.7 (“Litigation”) of the Disclosure Schedule attached hereto.

Litigation, Labor Controversies, etc. There is no pending or, ------------------------------------ to the knowledge of the Borrower, threatened litigation, action, proceeding, or labor controversy arbitration affecting the Borrower or governmental investigation affecting any Obligorof its Significant Subsidiaries, or any of their respective properties, businesses, assets or revenues, which (a) could reasonably be expected to result in has any reasonable likelihood of having a Material Materially Adverse Effect, except as disclosed in Item 6.6 (“Litigation”) of the Disclosure Schedule, Effect or (b) which purports to affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes Notes, any Collateral Document or any other Loan Document.

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge of the Borrower, threatened litigation, action, proceeding, investigation, or labor controversy arbitration affecting the Borrower or governmental investigation affecting any Obligorof its Significant Subsidiaries, or any of their respective properties, businesses, assets or revenues, which (a) could would reasonably be expected to result in have a Material Adverse Effect, except as disclosed in Item 6.6 (“Litigation”) of the Disclosure Schedule, Effect or (b) which purports to materially and adversely affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes Agreement or any other Loan Document.

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge of the BorrowerBorrower or its Subsidiaries, threatened litigation, action, proceeding, or labor controversy arbitration (i) affecting the Borrower or governmental investigation affecting any Obligorof its Subsidiaries, or any of their respective properties, businesses, assets or revenues, which (a) could reasonably be expected to result in have a Material Adverse Effect, Effect except as disclosed in Item 6.6 (“Litigation”) 6.7 of the Disclosure Schedule, Schedule or (bii) purports to which would adversely affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes Agreement or any other Loan Document.

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge of the Borrower, threatened litigation, action, proceeding, investigation, or labor controversy arbitration affecting the Borrower or governmental investigation affecting any Obligorof its Significant Subsidiaries, or any of their respective properties, businesses, assets or revenues, which (a) could would reasonably be expected to result in have a Material Adverse Effect, except as disclosed in Item 6.6 (“Litigation”) of the Disclosure Schedule, Effect or (b) which purports to materially and adversely affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes or any other Loan Document.

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge of the BorrowerBorrower or its Subsidiaries, threatened material litigation, action, proceeding, investigation or labor controversy arbitration (i) affecting the Borrower or governmental investigation affecting any of its Subsidiaries or any Obligor, or any of their respective properties, businesses, assets or revenues, which (a) could reasonably be expected to result in have a Material Adverse Effect, Effect except as disclosed in Item 6.6 (“Litigation”) 6.7 of the Disclosure Schedule, Schedule or (bii) which purports to affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes Agreement or any other Loan Document.

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge of the Borrower, threatened litigation, action, proceeding, or labor controversy arbitration affecting the Borrower or governmental investigation affecting any Obligorof its Subsidiaries, or any of their respective properties, businesses, assets or revenues, which (a) could reasonably be expected to will result in a Material Adverse Effect, except as disclosed in Item 6.6 (“Litigation”) of the Disclosure Schedule, Effect or (b) which purports to affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes or any other Loan Document, except as disclosed in Schedule 5.07 (“Litigation”).

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge of either the BorrowerBorrower or any Guarantor, any litigation threatened litigationin writing, action, proceeding, or labor controversy arbitration affecting the Borrower or governmental investigation affecting any of its Subsidiaries or any other Obligor, or any of their respective properties, businesses, assets or revenues, which (a) could reasonably be expected to result in have a Material Adverse Effect, except as disclosed in Item 6.6 6.7 (“"Litigation”") of the Disclosure Schedule, or (b) which purports to affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes Notes, the Merger Agreement or any other Loan Document.

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge of the Borrower, threatened litigation, action, proceeding, proceeding or labor controversy arbitration affecting Borrower or governmental investigation affecting any Obligorof its subsidiaries or any other obligor, or any of their respective properties, businesses, assets or revenues, or the Leases, which (a) could reasonably be expected to result in has caused or may cause a Material Adverse Effect, except as disclosed in Item 6.6 (“Litigation”) of the Disclosure Schedule, material adverse effect or (b) which purports to affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes Note, the Deed(s) of Trust, the Security Agreement/Pledge Agreement(s), the Debenture(s) or any other Loan Document.

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge Knowledge of the Borrower, threatened litigation, action, proceeding, proceeding or labor controversy arbitration affecting Borrower or governmental investigation affecting any Obligor, of its Subsidiaries or any of their respective propertiesProperties, businesses, assets or revenues, or the Subject Interests, which (a) could reasonably be expected to result in a Material Adverse Effectmay materially adversely affect the financial condition, except as disclosed in Item 6.6 (“Litigation”) operations, assets, business, properties or prospects of Borrower or such Subsidiary or the Disclosure Schedule, Subject Interests or (b) which purports to affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes Agreement or any other Loan Document, except as disclosed in the Disclosure Schedule.

Litigation, Labor Controversies, etc. There is no pending or, to the knowledge of each of the BorrowerBorrowers, threatened (in writing) litigation, action, proceeding, or labor controversy arbitration against any of the Loan Parties or governmental investigation affecting any Obligorof their respective Subsidiaries, or any of their respective properties, businesses, assets or revenues, which (a) could reasonably be expected to result in have a Material Adverse Effect, except as disclosed in Item 6.6 (“Litigation”) of the Disclosure Schedule, Effect or (b) which purports to affect the legality, validity or enforceability of any Sub Debt Document, this Agreement, the Notes or any other Loan Transaction Document, except as disclosed in Item 6.7 ("Litigation") of the Disclosure Schedule.