Common use of Litigation Clause in Contracts

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, investigations or legal, equitable, arbitration or administrative proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted its Subsidiaries that which would have or would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any Restricted Subsidiary, or against any of the Restricted Subsidiaries their properties or revenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the its Restricted Subsidiaries or against any of their properties or revenues that would either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings at law or in equity by or before any Governmental Authority or other agency now pending and served or, to the best knowledge of the Borrower, overtly threatened in writingagainst Borrower, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Guarantor or any of the Restricted Subsidiaries that would Collateral, which actions, suits or proceedings, if determined against Borrower, Guarantor or such Collateral, are reasonably be expected likely to have result in a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, overtly threatened in writingthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted its Subsidiaries that would (a) purport to call into question the validity or enforceability of this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate are reasonably be expected likely to have a Material Adverse Effect.

Litigation. There are is no actionsaction, suitssuit, proceedingsor proceeding, claims judicial, administrative, or disputes otherwise (including any condemnation or similar proceeding), pending or, to the best knowledge of the Borrower, overtly threatened in writingor contemplated against, at lawor affecting, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that Property which would reasonably be expected to have a Material Adverse Effectmaterial adverse effect on either the Property or Borrower’s ability to perform its obligations.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims proceedings or disputes investigations pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authoritycourt or administrative or governmental agency that may, by individually or against Holdingscollectively, adversely affect the Borrower financial condition or any business operations of the Restricted Subsidiaries that would reasonably be expected to have a Material Adverse EffectBorrower.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerLoan Parties, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any member of the Restricted Subsidiaries Group or against any of their properties or revenues that would either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, overtly threatened in writingthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, any member of the Borrower Consolidated Group or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that aggregate would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suitsinvestigations, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, overtly threatened in writingthreatened, at law, in equityequity or in arbitration, in arbitration or before any court, other Governmental AuthorityAuthority or other Person, by (i) against or against Holdingsaffecting the Borrower, the Borrower any of its Subsidiaries or any of the Restricted Subsidiaries their respective properties that would would, if adversely determined, be reasonably be expected likely to have a Material Adverse Effect, or (ii) with respect to this Agreement or any of the other Credit Documents.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the its Restricted Subsidiaries or against any of their properties or revenues (i) as of the Closing Date, that pertain to this Agreement, any other Loan Document or the consummation of the Transactions or (ii) that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Restricted Subsidiaries Transaction) that would either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Parent Borrower or any of the Restricted its Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, investigations, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its property that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the Restricted Subsidiaries that would transactions contemplated hereby or thereby, or (b) either individually or in the aggregate has had or could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerResponsible Officers of the Loan Parties, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any Subsidiary or against any of the Restricted Subsidiaries that would their properties or revenues that, if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the its Restricted Subsidiaries or against any of their properties or revenues that would either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims arbitrations or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration governmental investigations by or before any Governmental AuthorityAuthority or other court or agency now filed or otherwise pending, by and to Borrower’s knowledge there are no such actions, suits, proceedings, arbitrations or governmental investigations threatened in writing against HoldingsBorrower, the Borrower Guarantor or any of the Restricted Subsidiaries Collateral, in each case, (a) with respect to any of the Loan Documents or any of the transactions contemplated hereby or thereby or (b) that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that either individually or in the aggregate would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its properties or assets by or before any court or any Governmental Authority which would materially and adversely affect the Restricted Subsidiaries that would reasonably be expected ability of Borrower to have a Material Adverse Effectperform its obligations hereunder or to consummate the transaction contemplated hereby.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Restricted Subsidiaries Transactions) that either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties that either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrowerany Borrower after reasonable investigation, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdingsthe Company or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, the Borrower or any of the Restricted Subsidiaries that would transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, investigations or legal, equitable, arbitration or administrative proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, that materially adversely affect the Borrower or any transaction contemplated hereby or the ability of the Restricted Subsidiaries that would reasonably be expected Borrower to have a Material Adverse Effectperform its obligations under the Credit Documents.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, overtly threatened in writingthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdingsany Borrower or any Restricted Subsidiary or against any of their properties that (a) purport to affect or pertain to this Agreement or any other Loan Document, the Borrower or any of the Restricted Subsidiaries that would transactions contemplated hereby, or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the any Borrower or any of the its Restricted Subsidiaries or against any of their properties or revenues that either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly Borrowers threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by against the Borrowers or any Restricted Subsidiary, or against Holdings, the Borrower or any of the Restricted Subsidiaries their properties or revenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending orpending, or to the its knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdingsit or its properties that, either individually or in the Borrower or any of the Restricted Subsidiaries that aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims suits or disputes proceedings pending or, to the knowledge of the Borrower, overtly threatened in writingwith respect to the Borrower or any of its Subsidiaries (i) that have had, at lawor could reasonably be expected to have, in equitya Material Adverse Effect, in arbitration or before (ii) that question the validity or enforceability of any Governmental Authorityof the Loan Documents, or of any action to be taken by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would reasonably be expected other Credit Parties pursuant to have a Material Adverse Effectany of the Loan Documents.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly or threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the Restricted Subsidiaries that would transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any Restricted Subsidiary or against any of their properties or revenues that have a reasonable likelihood of adverse determination and such determination, either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Lead Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Lead Borrower or any of the its Restricted Subsidiaries or against any of their properties or revenues that would either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, disputes or known claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues, except as set forth in Schedule 3.15, or which individually or in the Restricted Subsidiaries that would aggregate, could not reasonably be expected to have result in a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of Holdings or the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any member of the Restricted Subsidiaries that would Group or against any of their properties or revenues that, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly Borrower threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the Restricted Subsidiaries that transactions contemplated hereby, or (b) either individually or in the aggregate would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedingsProceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any Restricted Subsidiary, or against any of the Restricted Subsidiaries their properties or revenues that would reasonably be expected to have a Material Adverse EffectEffect other than those disclosed in Schedule 5.06.

Litigation. There are no actions, suits, proceedings, claims claims, disputes or disputes investigations of or before any Governmental Authority, pending or, to the knowledge of the Borrowerany Group Member, overtly threatened in writing, at law, law or in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any Restricted Subsidiary or against any of their properties or revenues that (a) either individually or in the Restricted Subsidiaries that would aggregate could reasonably be expected to have a Material Adverse EffectEffect or (b) purport to affect or pertain to this Agreement or any other Loan Document or any of the transactions contemplated hereby.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the Restricted Subsidiaries that would transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, Holdings or the Borrower or any of the Borrower’s Restricted Subsidiaries Subsidiaries, or against any of their properties or revenues that would either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or (b) either individually or in the Restricted Subsidiaries that would aggregate could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedingsinvestigations or legal, claims equitable, arbitration or disputes administrative proceedings pending or, to the knowledge of the Borrower, overtly threatened in writingagainst the Borrower, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower of its Subsidiaries or any of the Restricted Subsidiaries that would its properties which could have or be reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly Borrowers threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Borrowers or any Restricted Subsidiary, or against any of the Restricted Subsidiaries their properties or revenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries or any Affiliated Practice that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after reasonable investigation, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the Restricted Subsidiaries that would transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the any Borrower or any of their Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would aggregate could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, investigations, claims or disputes pending or, to the knowledge of the BorrowerLoan Parties, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted its Subsidiaries or against any of their properties or revenues that would could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims proceedings or disputes investigations pending or, to the knowledge of the Borrower’s knowledge, overtly threatened in writing, at law, in equity, in arbitration by or before any court or any Governmental Authority, by body or against Holdingsagency or any arbitration board which are reasonably likely to materially adversely affect the business, financial position or results of operations of the Borrower and its Consolidated Entities, taken as a whole or any the authority or ability of the Restricted Subsidiaries that would reasonably be expected Borrower to have a Material Adverse Effectperform its obligations under this Agreement or the Notes.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by against any Borrower Party, or against Holdings, the Borrower or any of the Restricted Subsidiaries that their properties or revenues, as to which there is a reasonable probability of an adverse determination and that, if adversely determined, would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedingsclaims, claims disputes or disputes proceedings at law or in equity by or before any Governmental Authority now pending or, to the best of the knowledge of Holdings, or the Borrower, overtly threatened in writingagainst or affecting any Group Member or any business, at law, in equity, in arbitration property or before rights of any Governmental Authority, by Group Member (i) that purport to affect or against Holdings, the Borrower involve any Loan Document or any of the Restricted Subsidiaries Transactions or (ii) that would could, individually or in the aggregate, reasonably be expected to have result in a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims proceedings or disputes investigations pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authoritycourt, by tribunal or against Holdingsadministrative or governmental agency that may, individually or collectively, adversely affect the Borrower financial condition or any business operations of the Restricted Subsidiaries that would reasonably be expected to have a Material Adverse EffectBorrower.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, overtly threatened in writingthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the such Borrower or any of the its Restricted Subsidiaries or against any of their properties or revenues that would (a) purport to affect or pertain to this Agreement or any other Loan Document or any of the transactions contemplated hereby, or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Parent Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or (b) either individually or in the Restricted Subsidiaries that would aggregate could reasonably be expected to have a Material Adverse Effect.

Litigation. There are is no actionsaction, suits, proceedings, claims suit or disputes proceeding pending or, to the knowledge best of the Borrower's knowledge, overtly threatened against the Borrower or the applicable Fund(s) in writing, at law, in equity, in arbitration any court or before any Governmental Authority, by arbitrator or against Holdings, the Borrower or governmental body which seeks to restrain any of the Restricted Subsidiaries that would transactions contemplated by this Agreement or which could reasonably be expected to have a Material Adverse Effect.material adverse effect on the assets or business operations of the Borrower or the applicable Fund(s) or the ability of such applicable Fund(s) to pay and perform their respective obligations hereunder and under the Notes; and

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that would reasonably be expected to have have, individually or in the aggregate, a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Restricted Subsidiaries Transactions) that either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the its Restricted Subsidiaries or against any of their properties or revenues that would either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Company or any of its Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerHoldings or any Restricted Subsidiary, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Holdings or any Restricted Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document or (b) either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the such Borrower, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdingssuch Borrower or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, the Borrower or any of the Restricted Subsidiaries that would transactions contemplated hereby or (b) could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower any Loan Party or any of the Restricted Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after due and diligent investigation, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or (b) either individually or in the Restricted Subsidiaries that would aggregate could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Parent or any of the Restricted Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Transactions) that would either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerHoldings, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Borrowers or any of the Restricted Subsidiaries (other than actions, suits, proceedings and claims in connection with the Transaction) that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower any Loan Party or any Restricted Subsidiary or against any of their properties or revenues that have a reasonable likelihood of adverse determination and such determination, either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after due and diligent investigation, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purports to affect the Restricted Subsidiaries that would legality, validity or enforceability of any Loan Document or the consummation of the transactions contemplated hereby, or (b) could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by against the Borrowers or any Restricted Subsidiary, or against Holdings, the Borrower or any of the Restricted Subsidiaries their properties or revenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, investigations, claims or disputes pending or, to the knowledge of the BorrowerLoan Parties, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Borrowers or any of the Restricted their respective Subsidiaries or against any of their properties or revenues that would could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Holdings or any of its Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrower after due and diligent investigation, overtly threatened in writingthreatened, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would aggregate, if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, investigations, criminal prosecutions, civil investigative demands, imposition of criminal or civil fines or penalties, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any Restricted Subsidiary or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would aggregate could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Holdings or any Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Holdings or any of its Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of Restricted Subsidiaries, that either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedingsinvestigations or legal, claims equitable, arbitration or disputes administrative proceedings pending or, to the knowledge of the any Borrower, overtly threatened in writing, at law, in equity, in arbitration against or before any Governmental Authority, by or against Holdings, the Borrower affecting ▇▇▇▇▇▇▇▇▇ or any of the Restricted its Subsidiaries or against any of their properties or revenues that would (a) purport to affect or pertain to any Loan Document or (b) if determined adversely, could reasonably be expected expected, individually or in the aggregate, to have result in a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims claims, investigations or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) affect or pertain to this Agreement or any other Loan Document, or any of the Restricted Subsidiaries that would transactions contemplated hereby, or (b) either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the its Restricted Subsidiaries or against any of their properties or revenues that would (a) purport to affect or pertain to this Agreement or any other Loan Document, or the consummation of the Transactions or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by against any Borrower Party, or against Holdings, the Borrower or any of the Restricted Subsidiaries their properties or revenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, investigations, claims or disputes pending or, to the knowledge of any Guarantor or the Borrower, overtly Borrower threatened or contemplated in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdingsany Company or against any of their properties or revenues which (a) seek to affect or pertain to this Agreement or any other Loan Document, the Borrower or any of the Restricted Subsidiaries that would transactions contemplated hereby, or (b) could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by against any Borrower Party, or against Holdings, the Borrower or any of the Restricted Subsidiaries their properties or revenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the Restricted Subsidiaries that would transactions contemplated hereby, or (b) either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues in respect of the Restricted Subsidiaries Transactions that would has had or could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Restricted Subsidiaries Transactions) that would either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Borrower, or any of the Restricted Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending orpending, to the knowledge of the Borrower, overtly threatened in writingor contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdingsany Loan Party or any of its Subsidiaries or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, the Borrower or any of the Restricted Subsidiaries that would transactions contemplated hereby or (b) either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims claims, or disputes pending or, to the knowledge of the BorrowerLoan Parties, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of the Restricted Subsidiaries that its Subsidiaries, before any governmental authority which would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerLoan Parties, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower any Loan Party or against any of its properties or revenues that either individually or in the Restricted Subsidiaries that aggregate, if determined adversely, would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the any Borrower or any Restricted Subsidiary, or against any of the Restricted Subsidiaries their properties or revenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suitssuits or legal, proceedingsequitable, claims arbitration or disputes administrative proceedings pending or, to the knowledge of the any Borrower, overtly investigations against or actions, suits or legal, equitable, arbitration or administrative proceedings threatened in writingwriting against, at law, in equity, in arbitration or before affecting any Governmental Authority, by or against Holdings, the Borrower or any of the its Restricted Subsidiaries Subsidiaries, in any case, that would could reasonably be expected to have result in a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the BorrowerBorrowers, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against HoldingsHolding, the Borrower Borrowers or any of their respective Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, disputes or known claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower or any of its Subsidiaries or against any of their properties or revenues, except as described in the Restricted Subsidiaries that would Merger Agreement or as set forth in Schedule 5.15, or which individually or in the aggregate, could not reasonably be expected to have result in a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower any Loan Party or any of its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Restricted Subsidiaries Transactions) that either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedingsarbitrations, claims administrative hearings or disputes pending other proceedings pending, or, to the knowledge of the BorrowerBorrower threatened, overtly threatened in writing, at law, in equity, in arbitration against or before any Governmental Authority, by or against Holdings, the affecting Borrower or any of Borrower’s property or involving the Restricted Subsidiaries that would reasonably be expected validity or enforceability of any of the Loan Documents at law or in equity, or before any governmental or administrative agency. To Borrower’s knowledge, Borrower is not subject to have a Material Adverse Effectany order, writ, injunction, decree or demand of any court or any governmental authority.

Litigation. There are no actions, suits, proceedings, claims proceedings or disputes investigations pending or, to the knowledge of the Borrower’s knowledge, overtly threatened in writing, at law, in equity, in arbitration by or before any court or any Governmental Authority, by body or against Holdingsagency or any arbitration board which are reasonably likely to materially adversely affect the business, financial position or results of operations of the Borrower or any the authority or ability of the Restricted Subsidiaries that would reasonably be expected Borrower to have a Material Adverse Effectperform its obligations under this Agreement or the Notes.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly or threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower any Loan Party or any Subsidiary or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document or any of the Restricted Subsidiaries that would transactions contemplated hereby, or (b) if adversely determined, either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Loan Parties or against any of their properties or revenues that (a) purport to affect or pertain to this Agreement or any of other Loan Document, or (b) except as set forth on Schedule 4.6, either individually or in the Restricted Subsidiaries that would aggregate, if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims claims, investigations or disputes pending or, to the knowledge of the Borrower, overtly threatened in writingwriting or contemplated, at lawLaw, in equity, in arbitration or before any Governmental AuthorityAuthority or Third Party Payor, by or against Holdingsthe Borrower, the Borrower any of its Subsidiaries or any Related Professional Corporation or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the any Borrower, overtly threatened in writingwriting or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against Holdings, the Borrower Company or any of its Subsidiaries or against any of their properties or revenues that either individually or in the Restricted Subsidiaries that would aggregate, could reasonably be expected to have a Material Adverse Effect.