Common use of Proceedings Absence Clause in Contracts

Proceedings Absence. Except as set forth in or contemplated in the Canadian Final Prospectus, the Disclosure Package and the U.S. Final Prospectus, no action, suit or proceeding by or before any Governmental Authority involving the Trust, the Company or any of its subsidiaries or its or their property is pending or, to the best of the Trust’s knowledge and the Company’s knowledge, threatened that (i) could reasonably be expected to have a material adverse effect on the performance of this Agreement or the consummation of any of the transactions contemplated hereby or (ii) could reasonably be expected to have a material adverse effect on the condition (financial or otherwise), earnings, business or properties of the Trust and the Company and its subsidiaries, taken as a whole, whether or not arising from transactions in the ordinary course of business;