Common use of Litigation Clause in Contracts

Litigation. There are no actions, suits or proceedings pending or threatened, against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authority.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing or threatenedcontemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents its Subsidiaries or the priority against any of the lien and security interest thereof, at law their properties or revenues that either individually or in equitythe aggregate, or before or by any governmental authoritycould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting Holdings, the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authorityRestricted Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, investigations or proceedings legal, equitable, arbitration or administrative proceedings, pending or threatenedor, to the knowledge of the Borrower, threatened against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents its Subsidiaries which would have or the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authoritywould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits or proceedings pending or threatened, against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, equity by or before any Governmental Authority or by other agency now pending and served or, to the best knowledge of Borrower, threatened against Borrower, Guarantor or any governmental authorityCollateral, which actions, suits or proceedings, if determined against Borrower, Guarantor or such Collateral, are reasonably likely to result in a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing or threatenedcontemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents its Restricted Subsidiaries or the priority against any of the lien and security interest thereof, at law their properties or revenues that either individually or in equitythe aggregate, or before or by any governmental authoritycould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, against or affecting the Borrower or the Propertyany Restricted Subsidiary, or involving the validity or enforceability of against any of the Loan Documents their properties or the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authorityrevenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits or proceedings pending or threatenednor, to the knowledge of the Borrower, threatened against or in any other way relating adversely to or affecting the Borrower any Credit Party or the Property, any Subsidiary thereof or involving the validity any of their respective properties in any court or enforceability before any arbitrator of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, kind or before or by any governmental authorityGovernmental Authority that could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authorityRestricted Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents or the priority of the lien and security interest thereofParties, overtly threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against any governmental authoritymember of the Restricted 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 or proceedings pending or or, to the knowledge of the Borrower, threatened, against or affecting the Borrower or the Propertyat law, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, in arbitration or before any Governmental Authority, by or by against any governmental authoritymember of the Consolidated Group 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 suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents Borrowers, threatened in writing or the priority of the lien and security interest thereofcontemplated, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against any governmental authorityLoan 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 Transaction) that either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of 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 Documents Document or the priority consummation of the lien and security interest thereof, at law Transactions or in equity, or before or by any governmental authority(ii) that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability knowledge of any of the Loan Documents or the priority of the lien and security interest thereofBorrower, overtly threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against Holdings, the Parent Borrower or any governmental authorityof its Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents its Restricted Subsidiaries or the priority against any of the lien and security interest thereof, at law their properties or revenues that either individually or in equitythe aggregate, or before or by any governmental authoritycould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereofRestricted Subsidiaries that would reasonably be expected to have, at law individually or in equitythe aggregate, or before or by any governmental authoritya Material Adverse Effect.

Litigation. There are no actions, suits suits, investigations or proceedings (including Environmental Claims) pending or threatenedor, against or affecting to the Borrower knowledge of Holdings or the PropertyBorrower, threatened with respect to Holdings, the Borrower, or involving the validity or enforceability of any of the Loan Restricted Subsidiaries that (a) involve any of the Credit Documents or the priority of the lien and security interest thereof, at law or (b) could reasonably be expected to result in equity, or before or by any governmental authoritya Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law Restricted Subsidiaries that either individually or in equity, or before or by any governmental authoritythe aggregate would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened or threatenedcontemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents its Subsidiaries or the priority against any of the lien and security interest thereof, at law their properties that either individually or in equitythe aggregate, or before or by any governmental authoritycould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits or proceedings pending or threatenedor, to the knowledge of Borrower, threatened against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents its properties or the priority of the lien and security interest thereof, at law or in equity, assets by or before any court or by any governmental authorityGovernmental Authority which would materially and adversely affect the ability of Borrower to perform its obligations hereunder or to consummate the transaction contemplated hereby.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents Borrower, threatened in writing or the priority of the lien and security interest thereofcontemplated, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against any governmental authorityLoan 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 Transactions) that either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting Holdings, the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authoritySubsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, investigations or proceedings legal, equitable, arbitration or administrative proceedings, pending or threatenedor, against or affecting to the knowledge of the Borrower, threatened that materially adversely affect the Borrower or any transaction contemplated hereby or the Property, or involving the validity or enforceability of any ability of the Loan Documents or Borrower to perform its obligations under the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authorityCredit Documents.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting the Borrower or the Property, any Restricted Subsidiary or involving the validity or enforceability of against any of the Loan Documents their properties or the priority revenues that have a reasonable likelihood of the lien adverse determination and security interest thereofsuch determination, at law either individually or in equitythe aggregate, or before or by any governmental authoritycould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents or the priority of the lien and security interest thereofLead Borrower, threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against the Lead Borrower or any governmental authorityof its Restricted Subsidiaries 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 suits, proceedings, disputes or proceedings known claims pending or, to the knowledge of the Borrower, threatened in writing or threatenedcontemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against or affecting the Borrower or the Propertyany of its Subsidiaries or against any of their properties or revenues, except as set forth in Schedule 3.15, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law which individually or in equitythe aggregate, or before or by any governmental authoritycould not reasonably be expected to result in a Material Adverse Effect.

Litigation. There are no actions, suits or proceedings pending or, to the knowledge of Holdings and the Borrower, threatened (a) with respect to the Transaction or threatened, against any Credit Document or affecting the Borrower or the Property(b) that has had, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereofcould reasonably be expected to have, at law either individually or in equitythe aggregate, or before or by any governmental authoritya Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents or the priority of the lien and security interest thereofBorrowers threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, against the Borrowers or by any governmental authorityRestricted Subsidiary, or against any of their properties or revenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower knowledge of Holdings or the PropertyBorrower, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereofthreatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against any governmental authoritymember of the Restricted 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 suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents or the priority of the lien and security interest thereofBorrowers, threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against any governmental authorityBorrower or any of 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 suits, investigations or legal, equitable, arbitration or administrative proceedings pending or threatenedor, to the knowledge of the Borrower, threatened against or affecting the Borrower or the PropertyBorrower, or involving the validity or enforceability of any of the Loan Documents its Subsidiaries or the priority any of the lien and security interest thereof, at law its properties which could have or in equity, or before or by any governmental authoritybe reasonably expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents or the priority of the lien and security interest thereofBorrowers threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, against Holdings, the Borrowers or by any governmental authorityRestricted Subsidiary, or against any of their properties or revenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are is no actionslitigation, suits legal or proceedings administrative proceeding, investigation, or other action of any nature pending or threatenedor, to the knowledge of the Borrower, threatened against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authorityits Subsidiaries which upon adjudication could reasonably be expected to have a Materially Adverse Effect.

Litigation. There are no actions, suits suits, Proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, against or affecting the Borrower or the Propertyany Restricted Subsidiary, or involving the validity or enforceability of against any of the Loan Documents their properties or the priority of the lien and security interest thereof, at law or revenues that would reasonably be expected to have a Material Adverse Effect other than those disclosed in equity, or before or by any governmental authoritySchedule 5.06.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting Holdings, the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents Subsidiaries or the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authorityAffiliated Practice that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings or proceedings investigations of any kind pending or threatenedor, to the knowledge of the Borrower, threatened against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents its Subsidiaries before any court, tribunal or the priority of the lien and security interest thereof, at law administrative agency or board which either in any individual case or in equitythe aggregate, has or before or by any governmental authoritywould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against Holdings or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents Borrower’s Restricted Subsidiaries, or the priority against any of the lien and security interest thereof, at law their properties or revenues that either individually or in equitythe aggregate, or before or by any governmental authoritycould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits or proceedings pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereofits Restricted Subsidiaries that would reasonably be expected to have, at law individually or in equitythe aggregate, or before or by any governmental authoritya Material Adverse Effect.

Litigation. There are no actions, suits suits, or proceedings pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents or the priority of the lien and security interest thereofBorrower, threatened against any Restricted Entity at law or law, in equity, or before in admiralty, or by or before any governmental authoritydepartment, commission, board, bureau, agency, instrumentality, domestic or foreign, or any arbitrator which could reasonably be expected to cause a Material Adverse Change.

Litigation. There are no actions, suits or proceedings pending or threatened, against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, equity by or before any Governmental Authority or by other agency now pending and served or, to the best knowledge of Borrower, threatened against Borrower or any governmental authorityCollateral, which actions, suits or proceedings, if determined against Borrower or such Collateral, are reasonably likely to result in a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereofRestricted Subsidiaries that would reasonably be expected to have, at law individually or in equitythe aggregate, or before or by any governmental authoritya Material Adverse Effect.

Litigation. There are no actions, suits suits, claims, disputes or proceedings pending or threatened, against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equityequity by or before any Governmental Authority now pending or, to the best of the knowledge of Holdings, or before the Borrower, threatened against or by affecting any governmental authorityGroup Member or any business, property or rights of any Group Member (i) that purport to affect or involve any Loan Document or any of the Transactions or (ii) that could, individually or in the aggregate, reasonably be expected to result in a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, investigations, claims or proceedings disputes pending or, to the knowledge of the Loan Parties, threatened or threatenedcontemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents its Subsidiaries or the priority against any of the lien and security interest thereof, at law their properties or in equity, or before or by any governmental authorityrevenues that could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits or proceedings pending or threatened, against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, equity by or before any Governmental Authority now pending and served or, to the knowledge of Borrower, threatened against Borrower or by any governmental authoritythe Premises, that would have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability knowledge of any of the Loan Documents or the priority of the lien and security interest thereofBorrower, threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against any governmental authorityBorrower or any of their Subsidiaries 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 suits, investigations or legal, equitable, arbitration or administrative proceedings pending or threatenedor, to the knowledge of the Borrower, threatened in writing against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or its Restricted Subsidiaries that could reasonably be expected to result in equity, or before or by any governmental authoritya Material Adverse Effect.

Litigation. There are no actions, suits suits, investigations, criminal prosecutions, civil investigative demands, imposition of criminal or proceedings civil fines or penalties, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened or threatenedcontemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against or affecting the Borrower or the Property, any Restricted Subsidiary or involving the validity or enforceability of against any of the Loan Documents their properties or the priority of the lien and security interest thereof, at law revenues that either individually or in equity, or before or by any governmental authoritythe aggregate could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits or proceedings pending or threatenednor, to the knowledge of the Borrower, threatened against or affecting the Borrower or the Property, any Subsidiary thereof or involving the validity any of their respective properties in any court or enforceability before any arbitrator of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, kind or before or by any governmental authorityGovernmental Authority, which could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits or proceedings pending or threatenednor, to the knowledge of the Borrower, threatened against or affecting the Borrower or the Property, any Subsidiary or involving the validity relating to any of their respective properties or enforceability before any arbitrator of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, kind or before or by any governmental authorityGovernmental Authority that could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrowers, threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against Parent or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents Restricted Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the priority of the lien and security interest thereof, at law Transactions) that either individually or in equitythe aggregate, or before or by any governmental authoritycould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits or proceedings pending or threatened, against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, equity by or before any Governmental Authority now pending and served or, to the knowledge of Borrower, threatened against Borrower or by any governmental authoritythe Premises that would have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting the Borrower or the Propertyany Restricted Subsidiaries, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law that either individually or in equitythe aggregate, or before or by any governmental authoritycould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents or the priority of the lien and security interest thereofBorrowers, threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, against the Borrowers or by any governmental authorityRestricted Subsidiary, or against any of their properties or revenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of Holdings or threatenedany Borrower, against threatened in writing or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereofcontemplated, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against Holdings or any governmental authorityof its Subsidiaries 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 suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents Borrowers, threatened in writing or the priority of the lien and security interest thereofcontemplated, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against any governmental authorityLoan 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 Transactions) that either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents Borrower, threatened in writing or the priority of the lien and security interest thereofcontemplated, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against Holdings or any governmental authorityof its Subsidiaries 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 suits, proceedings, claims or proceedings disputes pending or or, to the knowledge of the Borrower after due and diligent investigation, threatened, at law, in equity, in arbitration or before any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents its Subsidiaries or the priority against any of the lien and security interest thereof, at law their properties or revenues that either individually or in equitythe aggregate, or before or by any governmental authorityif determined adversely, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of Holdings or threatenedany Restricted Subsidiary, against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereofthreatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against Holdings or any governmental authorityRestricted 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 aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of Holdings, overtly threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against Holdings, the Borrowers or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or Restricted Subsidiaries (other than actions, suits, proceedings and claims in connection with the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authorityTransaction) that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents Borrower, threatened in writing or the priority of the lien and security interest thereofcontemplated, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against the Company or any governmental authorityof its Subsidiaries 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 suits, investigations, claims, arbitrations or proceedings (including Environmental Claims) pending or, to the knowledge of Holdings or the Borrower, threatened, against or affecting in either case with respect to Holdings, the Borrower or the Property, or involving the validity or enforceability of any of the Loan Restricted Subsidiaries that (a) involve any of the Credit Documents or the priority of the lien and security interest thereof, at law or (b) would reasonably be expected to result in equity, or before or by any governmental authoritya Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against any Loan Party or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authorityRestricted Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, investigations, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents Parties, threatened or the priority of the lien and security interest thereofcontemplated, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against the Borrowers or any governmental authorityof their respective Subsidiaries or against any of their properties or revenues that could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing or threatenedcontemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against or affecting Holdings, the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents its Restricted Subsidiaries or the priority against any of the lien and security interest thereof, at law their properties or revenues that either individually or in equitythe aggregate, or before or by any governmental authoritycould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the knowledge of the Borrower or any of its Subsidiaries, threatened, at law, in equity, in arbitration or before any Governmental Authority, by or against the Property, Borrower or involving the validity any of its Subsidiaries or enforceability against any of their properties or revenues or any of the Loan Documents or the priority of the lien and security interest thereof, at law Projects that either individually or in equitythe aggregate, or before or by any governmental authorityif determined adversely, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, investigations (conducted by any governmental or other regulatory body of competent jurisdiction) or proceedings pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents or the priority of the lien and security interest thereofBorrower, at law or in equity, or before or by any governmental authoritythreatened that could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability knowledge of any of the Loan Documents Borrower, threatened in writing or the priority of the lien and security interest thereofcontemplated, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against the Company or any governmental authorityof its Subsidiaries 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 suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents Borrower, threatened in writing or the priority of the lien and security interest thereofcontemplated, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against any governmental authorityLoan Party or any of its Subsidiaries 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 suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents or the priority of the lien and security interest thereofParties, threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against any governmental authorityLoan Party or against any of its properties or revenues that either individually or in the aggregate, if determined adversely, would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability knowledge of any of the Loan Documents or the priority of the lien and security interest thereofBorrower, threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, against any Borrower or by any governmental authorityRestricted Subsidiary, or against any of their properties or revenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits or proceedings pending or threatenedsuits, against or affecting the Borrower or the Propertyproceedings, claims, or involving disputes pending or, to the validity or enforceability of any knowledge of the Loan Documents Parties, threatened against Borrower or the priority any of the lien and security interest thereofits Subsidiaries, at law or in equity, or before or by any governmental authorityauthority which would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims, investigations or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents Borrower, threatened in writing or the priority of the lien and security interest thereofcontemplated, at law or Law, in equity, in arbitration or before any Governmental Authority or Third Party Payor, by or against the Borrower, any governmental authorityof its Subsidiaries or any Related Professional Corporation 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 or proceedings pending or threatenedor, against or affecting to the Borrower knowledge of Holdings or the PropertyBorrowers, threatened in writing against Holdings, the Borrowers or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or Subsidiaries that could reasonably be expected to result in equity, or before or by any governmental authoritya Material Adverse Effect.

Litigation. There are no actions, suits suits, investigations or proceedings by or before any Governmental Authority or arbitrator pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any best knowledge of the Loan Documents or the priority of the lien and security interest thereofBorrower, at law or in equity, or before or by any governmental authoritythreatened which could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability knowledge of any of the Loan Documents or the priority of the lien and security interest thereofBorrower, threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, against any Borrower Party, or by against any governmental authorityof their properties or revenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents or the priority of the lien and security interest thereofBorrowers, threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against Holding, the Borrowers or any governmental authorityof their respective Subsidiaries 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 suits, proceedings, disputes or proceedings known claims pending or, to the knowledge of the Borrower, threatened in writing or threatenedcontemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against or affecting the Borrower or any of its Subsidiaries or against any of their properties or revenues, except as described in the PropertyMerger Agreement or as set forth in Schedule 5.15, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law which individually or in equitythe aggregate, or before or by any governmental authoritycould not reasonably be expected to result in a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened or threatenedcontemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents its Subsidiaries or the priority against any of their properties or revenues in respect of the lien and security interest thereof, at law Transactions that has had or in equity, or before or by any governmental authoritycould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting Holdings, the Borrower or the PropertyBorrower, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authorityRestricted Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents or the priority of the lien and security interest thereofBorrower, threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, against any Loan Party or by any governmental authorityof its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Transactions) that either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits or legal, equitable, arbitration or administrative proceedings pending or threatenedor, to the knowledge of any Borrower, investigations against or actions, suits or legal, equitable, arbitration or administrative proceedings threatened in writing against, or affecting the any Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereofits Restricted Subsidiaries, at law or in equityany case, or before or by any governmental authoritythat could reasonably be expected to result in a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents or the priority of the lien and security interest thereofBorrower, threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, against any Borrower Party, or by against any governmental authorityof their properties or revenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrowers, overtly threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against the Holding Entities, the Borrowers or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authorityRestricted Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, investigations or proceedings legal, equitable, arbitration or administrative proceedings, pending or threatenedor, to the knowledge of such Borrower, threatened against or affecting the such Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents its Subsidiaries which would have or the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authoritywould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of Borrower, threatened in writing or threatened, against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereofcontemplated, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against any governmental authorityLoan Party or any of its subsidiaries or against any of their properties or revenues that could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents or the priority of the lien and security interest thereofBorrower, threatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against any governmental authorityLoan Party or any of its Restricted Subsidiaries 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 suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any Subsidiary of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authorityBorrower that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, investigations or proceedings pending or threatened, against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, equity by or before any Governmental Authority or by other agency now pending and served or, to the best knowledge of Borrower, threatened against Borrower, First Mortgage Borrower, the Mortgaged Property or any governmental authorityCollateral, which actions, suits or proceedings, if determined against Borrower or such Collateral, are reasonably likely to result in a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of its Subsidiaries or against any of their properties or revenues (other than actions, suits, proceedings and claims in connection with the Loan Documents or the priority of the lien and security interest thereof, at law Transactions) that either individually or in equitythe aggregate, or before or by any governmental authoritycould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower knowledge of the Parent or the PropertyBorrowers, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereofthreatened in writing, at law or law, in equity, in arbitration or before any Governmental Authority, against Parent, the Borrowers or by any governmental authorityRestricted Subsidiary, or against any of their properties or revenues that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents Borrowers, threatened in writing or the priority of the lien and security interest thereofcontemplated, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against any governmental authorityLoan Party or any of its Subsidiaries or against any of their properties or revenues that could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing or threatenedcontemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Loan Parties or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents Other Subsidiaries or the priority against any of the lien and security interest thereof, at law their properties or revenues that either individually or in equitythe aggregate, or before or by any governmental authoritycould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits or legal, equitable, arbitration or administrative proceedings pending or, to the knowledge of the Borrower, investigations against or threatenedactions, against suits or legal, equitable, arbitration or administrative proceedings threatened in writing against, or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereofits Restricted Subsidiaries, at law or in equityany case, or before or by any governmental authoritythat could reasonably be expected to result in a Material Adverse Effect.

Litigation. There are is no actionsaction, suits suit, proceeding or proceedings investigation pending or, to Borrowers’ knowledge, threatened against any Borrower, any SPC Party, Guarantor, Property Manager, Intermediate Manager or threatened, against any Property in any court or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equity, by or before or by any governmental authorityother Governmental Authority which, if adversely determined, might have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing or threatenedcontemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents its Restricted Subsidiaries or the priority against any of the lien and security interest thereoftheir properties or revenues that, at law either individually or in equitythe aggregate, or before or by any governmental authoritycould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, claims or proceedings disputes pending or, to the knowledge of the Borrower, threatened in writing or threatenedcontemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against or affecting any Holding Company, the Borrower or the Property, or involving the validity or enforceability of any of the Loan Documents their respective Subsidiaries or the priority against any of the lien and security interest thereof, at law their properties or revenues that either individually or in equitythe aggregate, or before or by any governmental authoritycould reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings or proceedings claims which are pending or threatenedor, to the Knowledge of Borrowers, threatened against or affecting the any Borrower or the Propertyany Subsidiary which, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereofif adversely resolved, at law or in equity, or before or by any governmental authoritymight reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits suits, proceedings, investigations, claims or proceedings disputes pending or threatenedor, against or affecting to the Borrower or the Property, or involving the validity or enforceability of any knowledge of the Loan Documents Parties, threatened or the priority of the lien and security interest thereofcontemplated, at law or law, in equity, in arbitration or before any Governmental Authority, by or by against Holdings or any governmental authorityof its Subsidiaries or against any of their properties or revenues that could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no material actions, suits suits, proceedings, claims or proceedings disputes pending or, to the actual knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or threatenedbefore any Governmental Authority, by or against or affecting the Borrower or the Property, or involving the validity or enforceability of against any of the Loan Documents its properties or the priority of the lien and security interest thereof, at law or in equity, or before or by any governmental authorityrevenues.

Litigation. There are no actions, suits suits, proceedings, investigations, claims or proceedings disputes pending or, to the knowledge of the MLP or threatened, against or affecting the Borrower threatened or the Propertycontemplated in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Company or against any of their properties or revenues which (a) seek to affect or pertain to this Agreement or any other Loan Document, or involving the validity or enforceability of any of the Loan Documents or the priority of the lien and security interest thereof, at law or in equitytransactions contemplated hereby, or before or by any governmental authority(b) could reasonably be expected to have a Material Adverse Effect.