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 Trust's best knowledge, threatened, before any court, regulatory body, administrative agency, arbitrator or governmental agency or instrumentality having jurisdiction over the Trust or its properties: (A) asserting the invalidity of this Agreement or any other Transaction Document to which the Trust 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 Trust is a party, (D) which might result in a Material Adverse Change with respect to the Trust or (E) which might adversely affect the federal or state tax attributes of the Notes or the Trust.

Appears in 7 contracts

Samples: Insurance and Indemnity Agreement (Arcadia Financial LTD), Insurance and Indemnity Agreement (Arcadia Financial LTD), Insurance and Indemnity Agreement (Arcadia Financial LTD)

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

Appears in 3 contracts

Samples: Insurance and Indemnity Agreement (Olympic Financial LTD), Insurance and Indemnity Agreement (Olympic Financial LTD), Insurance and Indemnity Agreement (Olympic Financial LTD)

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

Appears in 2 contracts

Samples: Insurance and Indemnity Agreement (Arcadia Financial LTD), Insurance and Indemnity Agreement (Arcadia Financial LTD)

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

Appears in 1 contract

Samples: Insurance and Indemnity Agreement (Arcadia Financial LTD)

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