Common use of Litigation, Proceeding, etc Clause in Contracts

Litigation, Proceeding, etc. There is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its properties before or by any Governmental Entity which (i) challenges the legality, validity or enforceability of any of the Purchase Documents, the Warrants, the Shares or the Underlying Shares; (ii) would (individually or in the aggregate) have a Material Adverse Effect; or (iii) would (individually or in the aggregate) impair the ability of the Company to perform fully on a timely basis any obligations which it has under any of the Purchase Documents.

Litigation, Proceeding, etc. There is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company VI-11 13 or any of its Subsidiaries or any of their respective properties before or by any Governmental Entity which (i) challenges the legality, validity or enforceability of any of the Purchase Documents, the Warrants, Transaction Documents or the Shares or the Underlying Shares; (ii) would could (individually or in the aggregate) reasonably be expected to have a Material Adverse Effect; Effect or (iii) would (individually or in the aggregate) impair the ability of the Company to perform fully on a timely basis any obligations which it has under any of the Purchase Transaction Documents.