Common use of Pending or Threatened Litigation Clause in Contracts

Pending or Threatened Litigation. Except as set forth in Schedule 4.8 to the Loan Agreement, there are no actions, suits, proceedings or other litigation (including proceedings by or before any arbitrator or governmental authority) pending, or to the knowledge of Guarantor, threatened against Guarantor, that (a) challenge the validity or propriety of this Agreement or of the secured financing transactions contemplated under the Loan Agreement, (b) could, if adversely determined, have a Material Adverse Effect on the real and personal property or financial or other condition of Guarantor, or (c) could materially affect the ability of Guarantor to perform Guarantor's obligations under this Agreement.

Pending or Threatened Litigation. Except as set forth in Schedule 4.8 to the Loan Agreement, there are no actions, suits, proceedings or other litigation (including proceedings by or before any arbitrator or governmental authority) pending, or to the knowledge of Guarantor, threatened 10 against Guarantor, that (a) challenge the validity or propriety of this Agreement or of the secured financing transactions contemplated under the Loan Agreement, (b) could, if adversely determined, have a Material Adverse Effect on the real and personal property or financial or other condition of Guarantor, or (c) could materially affect the ability of Guarantor to perform Guarantor's obligations under this Agreement.