Common use of Pending Litigation or Other Proceeding Clause in Contracts

Pending Litigation or Other Proceeding. There is no action, proceeding or investigation pending, or, to the Seller's or Arcadia Financial's best knowledge, threatened, before any court, regulatory body, administrative agency, arbitrator or governmental agency or instrumentality having jurisdiction over the Seller or its properties: (A) asserting the invalidity of this Agreement or any other Transaction Document to which the Seller is a party, (B) seeking to prevent the issuance of the Notes or the consummation of the Transaction, (C) seeking any determination or ruling that might materially and adversely affect the validity or enforceability of this Agreement or any other Transaction Document to which the Seller is a party, (D) which might result in a Material Adverse Change with respect to the Seller or (E) which might adversely affect the federal or state tax attributes of the Notes or the Trust.

Pending Litigation or Other Proceeding. There is no action, proceeding or investigation pending, or, to the Seller's or Arcadia FinancialOFL's best knowledge, threatened, before any court, regulatory body, administrative agency, arbitrator or governmental agency or instrumentality having jurisdiction over the Seller or its properties: (A) asserting the invalidity of this Agreement or any other Transaction Document to which the Seller is a party, (B) seeking to prevent the issuance of the Notes or the Certificates or the consummation of the Transaction, (C) seeking any determination or ruling that might materially and adversely affect the validity or enforceability of this Agreement or any other Transaction Document to which the Seller is a party, (D) which might result in a Material Adverse Change with respect to the Seller or (E) which might adversely affect the federal or state tax attributes of the Notes Notes, the Certificates or the Trust.

Pending Litigation or Other Proceeding. There is no action, proceeding or investigation pending, or, to the Seller's or Arcadia Financial's best knowledge, threatened, before any court, regulatory body, administrative agency, arbitrator or governmental agency or instrumentality having jurisdiction over the Seller or its properties: (Aa) asserting the invalidity of this Agreement or any other Transaction Document to which the Seller is a party, (Bb) seeking to prevent the issuance of the Notes or the consummation of the Transaction, (Cc) seeking any determination or ruling that might materially and adversely affect the validity or enforceability of this Agreement or any other Transaction Document to which the Seller is a party, (Dd) which might result in a Material Adverse Change with respect to the Seller or (Ee) which might adversely affect the federal or state tax attributes of the Notes or the Trust.