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 REIT OP, threatened against or affecting REIT OP or the Company or any of their respective properties before or by any Governmental Entity which (i) challenges the legality, validity or enforceability of any of the documents relating to the Transaction or (ii) could (individually or in the aggregate) reasonably be expected to have a Material Adverse Effect or (iii) would (individually or in the aggregate) impair the ability of REIT OP to perform fully on a timely basis any obligations which it has under any of the documents relating to the Transaction.