Common use of No Pending Proceedings Clause in Contracts

No Pending Proceedings. There are no legal or governmental proceedings pending or, to the best of the Company’s knowledge, threatened (including any inquiries or investigations by any court or governmental agency or body, domestic or foreign), to which the Company, any of its Controlled Entities or any of its executive officers, directors and key employees is a party or to which any of the properties of the Company or any of its Controlled Entities is the subject (i) other than proceedings that would not have a Material Adverse Effect, or materially and adversely affect the power or ability of the Company to perform its obligations under this Agreement or to consummate the transactions contemplated by the Time of Sale Prospectus or (ii) that are required to be described in the Registration Statement or the Prospectus and are not so described; and there are no statutes, regulations, contracts or other documents that are required to be described in the Registration Statement or the Prospectus or to be filed as exhibits to the Registration Statement that are not described or filed as required. A “Material Adverse Effect” means a material adverse effect on the condition (financial or otherwise), earnings, results of operations, business or prospects of the Company and its Controlled Entities, taken as a whole, or on the ability of the Company and its Controlled Entities to carry out their obligations under this Agreement.

No Pending Proceedings. There are no legal or governmental proceedings pending or, to the best of the Company’s knowledge, or threatened (including any inquiries or investigations by any court or governmental agency or body, domestic or foreign), to which the Company, any of its Controlled Entities or any of its executive officers, directors and key employees is a party or to which any of the properties of the Company or any of its Controlled Entities is the subject (i) other than proceedings that would not have a Material Adverse Effect, or materially and adversely affect the power or ability of the Company to perform its obligations under this Agreement and the Underwriter Warrants or to consummate the transactions contemplated by the Time of Sale Prospectus or (ii) that are required to be described in the Registration Statement or the Prospectus and are not so described; and there are no statutes, regulations, contracts or other documents that are required to be described in the Registration Statement or the Prospectus or to be filed as exhibits to the Registration Statement that are not described or filed as required. A “Material Adverse Effect” means a material adverse effect on the condition (financial or otherwise), earnings, results of operations, business or prospects of the Company and its Controlled Entities, taken as a whole, or on the ability of the Company and its Controlled Entities to carry out their obligations under this AgreementAgreement and the Underwriter Warrants.

No Pending Proceedings. There are no legal or governmental proceedings pending or, to the best of the Company’s knowledge, or threatened (including any inquiries or investigations by any court or governmental agency or body, domestic or foreign), to which the Company, any of its Controlled Entities or any of its executive officers, directors and key employees is a party or to which any of the properties of the Company or any of its Controlled Entities is the subject (i) other than proceedings that would not have a Material Adverse Effect, or materially and adversely affect the power or ability of the Company to perform its obligations under this Agreement or to consummate the transactions contemplated by the Time of Sale Prospectus or (ii) that are required to be described in the Registration Statement or the Prospectus and are not so described; and there are no statutes, regulations, contracts or other documents that are required to be described in the Registration Statement or the Prospectus or to be filed as exhibits to the Registration Statement that are not described or filed as required. A “Material Adverse Effect” means a material adverse effect on the condition (financial or otherwise), earnings, results of operations, business or prospects of the Company and its Controlled Entities, taken as a whole, or on the ability of the Company and its Controlled Entities to carry out their obligations under this Agreement.

No Pending Proceedings. There are no legal or governmental proceedings pending or, to the best of the Company’s knowledge, threatened (including any inquiries or investigations by any court or governmental agency or body, domestic or foreign), to which the Company, any of its Controlled Entities or or, to the Company’s knowledge, any of its executive officers, directors and key employees is a party or to which any of the properties of the Company or any of its Controlled Entities is the subject (i) other than proceedings that would not have a Material Adverse Effect, or materially and adversely affect the power or ability of the Company to perform its obligations under this Agreement or to consummate the transactions contemplated by the Time of Sale Prospectus or (ii) that are required to be described in the Registration Statement or the Prospectus and are not so described; and there are no statutes, regulations, contracts or other documents that are required to be described in the Registration Statement or the Prospectus or to be filed as exhibits to the Registration Statement that are not described or filed as required. A “Material Adverse Effect” means a material adverse effect on the condition (financial or otherwise), earnings, results of operations, or business or prospects of the Company and its Controlled Entities, taken as a whole, or on the ability of the Company and its Controlled Entities to carry out their obligations under this Agreement.

No Pending Proceedings. There are no legal or governmental proceedings pending or, to the best of the Company’s knowledge, or threatened (including any inquiries or investigations by any court or governmental agency or body, domestic or foreign), ) to which the Company, any of its Controlled Subsidiaries and Consolidated Affiliated Entities or any of its executive officers, directors and key employees is a party or to which any of the properties of the Company or any of its Controlled Subsidiaries and Consolidated Affiliated Entities is the subject (i) other than proceedings that would not have a Material Adverse Effect, or materially and adversely affect on the power or ability of the Company to perform its obligations under this Agreement or to consummate the transactions contemplated by the Time of Sale Prospectus or (ii) that are required to be described in the Registration Statement or the Prospectus and are not so described; and there are no statutes, regulations, contracts or other documents that are required to be described in the Registration Statement or the Prospectus or to be filed as exhibits to the Registration Statement that are not described or filed as required. A “Material Adverse Effect” means a material adverse effect on the condition (financial or otherwise), earnings, results of operations, business or prospects of the Company and its Controlled Subsidiaries and Consolidated Affiliated Entities, taken as a whole, or on the ability of the Company and its Controlled Subsidiaries and Consolidated Affiliated Entities to carry out their obligations under this Agreement and the Deposit Agreement.

No Pending Proceedings. There are no legal or governmental proceedings pending or, to the best knowledge of the Company’s knowledge, threatened (including any inquiries or investigations by any court or governmental agency or body, domestic or foreign), ) to which the Company, any of its Controlled Subsidiaries and Affiliated Entities or any of its executive officers, directors and key employees is a party or to which any of the properties of the Company or any of its Controlled Subsidiaries and Affiliated Entities is the subject (i) other than proceedings that would not have a Material Adverse Effect, or materially and adversely affect on the power or ability of the Company to perform its obligations under this Agreement or to consummate the transactions contemplated by the Time of Sale Prospectus or (ii) that are required to be described in the Registration Statement or the Prospectus and are not so described; and there are no statutes, regulations, contracts or other documents that are required to be described in the Registration Statement or the Prospectus or to be filed as exhibits to the Registration Statement that are not described or filed as required. A “Material Adverse Effect” means a material adverse effect on the condition (financial or otherwise), earnings, results of operations, business or prospects of the Company and its Controlled Subsidiaries and Affiliated Entities, taken as a whole, or on the ability of the Company and its Controlled Subsidiaries and Affiliated Entities to carry out their obligations under this Agreement and the Deposit Agreement.

No Pending Proceedings. There are no legal or governmental proceedings pending or, to the best of the Company’s knowledge, threatened (including any inquiries or investigations by any court or governmental agency or body, domestic or foreign), to which the Company, any of its Controlled Entities or any of its executive officers, directors and key employees is a party or to which any of the properties of the Company or any of its Controlled Entities is the subject (i) other than proceedings that would not have a Material Adverse Effect, or materially and adversely affect the power or ability of the Company to perform its obligations under this Agreement or to consummate the transactions contemplated by the Time of Sale Prospectus or (ii) that are required to be described in the Registration Statement or the Prospectus and are not so described; and there are no statutes, regulations, contracts or other documents that are required to be described in the Registration Statement or the Prospectus or to be filed as exhibits to the Registration Statement that are not described or filed as required. A “Material Adverse Effect” means a material adverse effect on the condition (financial or otherwise), earnings, results of operations, business or prospects of the Company and its Controlled Entities, taken as a whole, or on the ability of the Company and its Controlled Entities to carry out their obligations under this Agreement and the Deposit Agreement.