Common use of Pending Litigation or Other Proceeding Clause in Contracts

Pending Litigation or Other Proceeding. To the Company's best knowledge, there are no proceedings or investigations pending, or threatened, before any court, regulatory body, administrative agency, or other governmental instrumentality having jurisdiction over the Company or its properties: (A) asserting the invalidity of this Agreement, any other Transaction Agreement to which the Company is a party, the Notes or the Certificates, (B) seeking to prevent the issuance of the Notes or the Certificates or the consummation of any of the transactions contemplated by any of the Transaction Agreements to which the Company is a party, (C) seeking any determination or ruling that might materially and adversely affect the performance by the Company of its obligations under, or the validity or enforceability of, this Agreement or any other Transaction Agreement to which the Company is a party, or (D) involving the Company and which might adversely affect the federal income tax attributes of the Notes, the Certificates or the Trust.