Governmental Authority Uses in Litigation Clause

Litigation from Secured Revolving Credit Agreement

AMENDED AND RESTATED SENIOR SECURED REVOLVING CREDIT AGREEMENT dated as of February 22, 2011 (this "Agreement"), among FIFTH STREET FINANCE CORP., a Delaware corporation (the "Borrower"), the LENDERS party hereto, and ING CAPITAL LLC, as Administrative Agent.

Litigation. There are no actions, suits, investigations or proceedings by or before any arbitrator or Governmental Authority now pending against or, to the knowledge of the Borrower, threatened against or affecting the Borrower or any of its Subsidiaries (i) as to which there is a reasonable possibility of an adverse determination and that, if adversely determined, could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect or (ii) that involve this Agreement or the Transactions.

Litigation from Credit Agreement

This CREDIT AGREEMENT (Agreement) is entered into as of July 7, 2017, among RESTORATION HARDWARE, INC., a Delaware corporation, as a Borrower (as hereinafter defined) and the Lead Borrower (as hereinafter defined), the Guarantors, each Lender (as hereinafter defined) from time to time party hereto, and WILMINGTON TRUST, NATIONAL ASSOCIATION, as Agent (as hereinafter defined).

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened in writing or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any of its Material Subsidiaries or against any of its properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) either individually or in the aggregate, if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Litigation from Guaranty

GUARANTY, dated as of June 28, 2017 (as amended, restated, supplemented, or otherwise modified from time to time, this Guaranty), made by Granite Mortgage Trust Inc., a Maryland Corporation (the Guarantor), in favor of UBS AG, by and through its branch office at 1285 Avenue of the Americas, New York, New York (the Buyer).

Litigation. There are no actions, suits, arbitrations, investigations (including, without limitation, any of the foregoing which are pending or, to the best of Guarantors knowledge, threatened) or other legal or arbitrable proceedings affecting Guarantor or any of its Subsidiaries or affecting any of the Repurchase Assets or any of the other properties of Guarantor before any Governmental Authority which (i) questions or challenges the validity or enforceability of the Program Documents or any material action to be taken in connection with the transactions contemplated hereby, (ii) makes a non-frivolous claim or claims in an aggregate amount greater than the Litigation Threshold, (iii) individually or in the aggregate, if adversely determined, would be reasonably likely to have a Material Adverse Effect, or (iv) requires filing by Guarantor with the SEC in accordance with its regulations.

Litigation from Amended and Restated Credit Agreement

SALLY HOLDINGS LLC, a Delaware limited liability company, BEAUTY SYSTEMS GROUP, LLC, a Delaware limited liability company, and SALLY BEAUTY SUPPLY, LLC, a Delaware limited liability company (collectively, the Domestic Borrowers);

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after due and diligent investigation, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any of its Subsidiaries or against any of its properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) except as specifically disclosed in Schedule 5.06, either individually or in the aggregate, if determined adversely, would reasonably be expected to have a Material Adverse Effect.

Litigation from Guaranty

This PERFORMANCE GUARANTY, (this "Agreement") dated as of June 30, 2017, is between OUTFRONT MEDIA INC., a Maryland corporation (the "Performance Guarantor"), and THE BANK OF TOKYO-MITSUBISHI UFJ, LTD., NEW YORK BRANCH ("BTMU"), as administrative agent (in such capacity, the "Administrative Agent") for and on behalf of the Credit Parties and other Secured Parties, from time to time (each of the foregoing, including the Administrative Agent, a "Beneficiary" and, collectively, the "Beneficiaries") under the Receivables Purchase Agreement, dated as of the date hereof, among Outfront Media Receivables LLC, a Delaware limited liability company ("Seller"), Performance Guarantor, Outfront Media LLC, a Delaware limited liability company, as initial servicer (in such capacity, the "Servicer"), the Administrative Agent, Gotham Funding Corporation, as conduit purchaser and BTMU, as committed purchaser (as amended, restated, supplemented or otherwise modified from time to time, the "Receivables Pu

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Performance Guarantor, threatened in writing or contemplated at law, in equity, in arbitration or before any Governmental Authority, by or against the Performance Guarantor or against any of its properties that, either individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation from Amendment to Credit Agreement

This CREDIT AGREEMENT (this Agreement) is entered into as of March 22, 2017 by and among SUPERIOR INDUSTRIES INTERNATIONAL, INC., a Delaware corporation (the Borrower), CITIBANK, N.A., as administrative agent (in such capacity, including any successor thereto, the Administrative Agent) under the Loan Documents, as collateral agent (in such capacity, including any successor thereto, the Collateral Agent) under the Loan Documents and as an Issuing Bank, and each lender from time to time party hereto (collectively, the Lenders and individually, a Lender).

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of the Restricted Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation from Amendment to Credit Agreement

This CREDIT AGREEMENT (this Agreement) is entered into as of March 22, 2017 by and among SUPERIOR INDUSTRIES INTERNATIONAL, INC., a Delaware corporation (the Borrower), CITIBANK, N.A., as administrative agent (in such capacity, including any successor thereto, the Administrative Agent) under the Loan Documents, as collateral agent (in such capacity, including any successor thereto, the Collateral Agent) under the Loan Documents and as an Issuing Bank, and each lender from time to time party hereto (collectively, the Lenders and individually, a Lender).

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, overtly threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of the Restricted Subsidiaries that would reasonably be expected to have a Material Adverse Effect.

Litigation from Term Loan Agreement

THIS TERM LOAN AGREEMENT (this Agreement) dated as of November 6, 2015 by and among BROADSTONE NET LEASE, LLC, a limited liability company formed under the laws of the State of New York (the Borrower), BROADSTONE NET LEASE, INC., a corporation formed under the laws of the State of Maryland (the Parent), each of the financial institutions initially a signatory hereto together with their successors and assignees under Section 13.6. (the Lenders) and SUNTRUST BANK, as Administrative Agent (together with its successors and assigns, the Administrative Agent), with SUNTRUST ROBINSON HUMPHREY, INC., J.P. MORGAN SECURITIES LLC and MANUFACTURERS AND TRADERS TRUST COMPANY, as joint Lead Arrangers (each a Joint Lead Arranger), JPMORGAN CHASE BANK, N.A. and MANUFACTURERS AND TRADERS TRUST COMPANY, as co-Syndication Agents, and CAPITAL ONE, NATIONAL ASSOCIATION, KEYBANK NATIONAL ASSOCIATION and PNC BANK, NATIONAL ASSOCIATION, as co-Documentation Agents.

Litigation. Except as set forth on Schedule 7.1.(i), there are no actions, suits or proceedings pending (nor, to the knowledge of any Loan Party, are there any actions, suits or proceedings threatened, nor is there any basis therefor) against or in any other way relating adversely to or affecting the Parent, the Borrower, any other Loan Party, any other Subsidiary or any of their respective property in any court or before any arbitrator of any kind or before or by any other Governmental Authority which, (i) could reasonably be expected to have a Material Adverse Effect or (ii) in any manner draws into question the validity or enforceability of any Loan Document. There are no strikes, slowdowns, work stoppages or walkouts or other labor disputes in progress or threatened relating to, any Loan Party or any other Subsidiary.

Litigation from Credit Agreement

This Credit Agreement dated as of May 2, 2014 (this Agreement) is among Beckman Production Services, Inc., a Delaware corporation (the Borrower), the Lenders (as defined below), and Wells Fargo Bank, National Association, as Administrative Agent (as defined below) for the Lenders, as Issuing Lender (as defined below) and as Swingline Lender (as defined below).

Litigation. There are no actions, suits, or proceedings pending or, to any Credit Partys knowledge, threatened against the Borrower or any Subsidiary, at law, in equity, or in admiralty, or by or before any Governmental Authority, which could reasonably be expected to result in a Material Adverse Change. Additionally, except as disclosed in writing to the Administrative Agent, there is no pending or, to the knowledge of any Credit Party, threatened action or proceeding instituted against the Borrower or any Subsidiary which seeks to adjudicate the Borrower or any Subsidiary as bankrupt or insolvent, or seeking liquidation, winding up, reorganization, arrangement, adjustment, protection, relief, or composition of it or its debts under any Debtor Relief Law, or seeking the entry of an order for relief or the appointment of a receiver, trustee or other similar official for it or for any substantial part of its Property.

Litigation from Revolving Credit Agreement

This SECOND AMENDED AND RESTATED ASSET-BASED REVOLVING CREDIT AGREEMENT (Agreement) is entered into as of December 21, 2015 among Albertsons Companies, LLC, a Delaware limited liability company (the Lead Borrower), the Persons named on Schedule 1.01A hereto (the Albertsons Borrowers), the Persons named on Schedule 1.01B hereto (the NAI Borrowers and, together with the Lead Borrower, the Albertsons Borrowers and each other Person that becomes a Borrower hereunder in accordance with the terms hereof, collectively, the Borrowers), the Guarantors, each lender from time to time party hereto (collectively, the Lenders and individually, a Lender) and Bank of America, N.A. as Administrative Agent and Collateral Agent.

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Loan Parties after commercially reasonable investigation, threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against any Loan Party or any of its Restricted Subsidiaries or against any of its properties or revenues that (a) purport to affect or pertain to this Agreement or any other Loan Document, or any of the transactions contemplated hereby, or (b) except as disclosed in Schedule 5.06, either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.