Common use of No Litigation Clause in Contracts

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and which, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which seeks damages in excess of $100,000 or injunctive relief or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $100,000 1,000,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party’s knowledge, threatened, that seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat , if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could be reasonably be expected to have a Material Adverse Effect. No Litigation is pending or threatened against any Credit Party by Centre Partners. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and which, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which seeks damages in excess of $100,000 250,000 or injunctive relief or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or ------------- proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that ---------- challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no ------------------------- Litigation pending or threatened which that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party’s knowledge, threatened, that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse EffectEffect (other than the litigation between Borrower and ValueVision Media, Inc. that has been previously publicly disclosed by Borrower (“ValueVision Litigation”). Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.133.12), as of the Restatement Closing Date Date, there is no Litigation pending or threatened which that seeks damages in excess of $100,000 US$250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party’s knowledge, threatened, that seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and which, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or or, to the knowledge of any Credit Party, threatened which seeks damages in excess of $100,000 or injunctive relief or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.133.12), as of the Closing Date Date, there is no Litigation pending or threatened which that seeks damages in excess of $100,000 US$500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened in writing against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being that is reasonably likely to be determined adversely to any Credit Party and whichthat, if so determined, could would have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Effective Date there is no Litigation pending or or, to any Credit Party’s knowledge, threatened which that seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.133.12), as of the Restatement Closing Date Date, there is no Litigation pending or threatened which that seeks damages in excess of $100,000 US$500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.133.12), as of the Closing Date Date, there is no Litigation pending or threatened which that seeks damages in excess of $100,000 US$50,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat , if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat , if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party’s knowledge, threatened, that seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 1,000,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation ------------- or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), ) that (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of by, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party or before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s, right or power to enter into or perform any of its obligations under the any Loan Documents Document to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party Party, and which, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date Date, there is no Litigation pending or to any Credit Party’s knowledge threatened which against any Credit Party that seeks damages in excess of $100,000 2,500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), (a1) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b2) which which, as of the Closing Date, has a reasonable risk of being determined adversely to any Credit Party and which, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13)3.12, as of the Closing Date there is no Litigation pending or threatened which seeks damages in excess of $100,000 C$500,000 or the Equivalent Amount thereof in another currency or injunctive relief or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and which, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or threatened which seeks damages in excess of $100,000 or injunctive relief or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), ) that (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 250,000 in the aggregate or injunctive relief against, or alleges criminal misconduct of by, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Operative Documents to which it is a party, or the validity or enforceability of any Loan Operative Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and which, if so determined, could would reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened threatened, which seeks damages in excess of $100,000 or injunctive relief or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation" Litigation "), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat , if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13)) , as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party’s knowledge, threatened, that seeks damages in excess of the Dollar Equivalent of $100,000 1,000,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), ) (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, party or the validity or enforceability of any Loan Document or any action taken thereunder, thereunder or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $100,000 or injunctive relief against any Credit Party or that alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could be reasonably expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or or, to any Credit Party’s knowledge, threatened which seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or or, to the best of any Credit Party’s knowledge, threatened which that seeks damages in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened in writing against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being that is reasonably likely to be determined adversely to any Credit Party and whichthat, if so determined, could would have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or or, to any Credit Party’s knowledge, threatened which that seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and which, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.133.9), as of the Closing Date there is no Litigation pending or threatened which seeks damages in excess of $100,000 or injunctive relief or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Letter of Credit Documents to which it is a party, or the validity or enforceability of any Loan Letter of Credit Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and which, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which seeks damages in excess of $100,000 500,000 or injunctive relief or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or ------------- proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and which, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which seeks damages in excess of $100,000 or injunctive relief against or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 50,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened in writing against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being that is reasonably likely to be determined adversely to any Credit Party and whichthat, if so determined, could would have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Effective Date there is no Litigation pending or or, to any Credit Party's knowledge, threatened which that seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and which, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or threatened which seeks damages in excess of $100,000 or injunctive relief or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and which, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule (DISCLOSURE SCHEDULE 3.13), as of the Closing Date there is no Litigation pending or threatened which seeks damages in excess of $100,000 or injunctive relief or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of any Credit Party.

No Litigation. No As of the Closing Date, no action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Related Transaction Documents to which it is a party, or the validity or enforceability of any Loan Related Transaction Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $100,000 50,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), . as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the best knowledge of any Credit Party, threatened against any Credit Party, Party before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and which, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which seeks damages in excess of $100,000 or injunctive relief or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened in writing against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could would reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party’s knowledge, threatened, that seeks damages in excess of $100,000 5,000,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority Authority, or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and which, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or threatened which seeks damages in excess of $100,000 500,000 or injunctive relief or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 250,000 or injunctive relief or alleges criminal misconduct of any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), that (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $100,000 (or the Equivalent Amount thereof) or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.133.12), as of the Closing Date Date, there is no Litigation pending or threatened which that seeks damages in excess of $100,000 US$500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Restatement Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Loan Party, threatened against any Credit Loan Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Loan Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Loan Party and whichthat , if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Loan Party's knowledge, threatened, that seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Loan Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.. 3.14

No Litigation. (a) No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could would reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Restatement Date there is no Litigation pending or or, to the best of any Credit Party’s knowledge, threatened which that seeks damages in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of Parent or any Credit Party, threatened against Parent or any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to Parent or any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 50,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule in DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party's knowledge, threatened, that seeks damages (if specified) in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13)4.11, as of the Closing Date Date, there is no Litigation pending or threatened which that seeks damages in excess of $100,000 1,000,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Restatement Closing Date there is no Litigation pending or threatened which or, to any Credit Party's knowledge, threatened, that seeks damages in excess of $100,000 1,000,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. (a) No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that ---------- challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as -------------------------- of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date date hereof there is no Litigation pending or threatened which or, to any Credit Party’s knowledge, threatened, that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any such Credit Party, threatened in writing against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any such Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being that is reasonably likely to be determined adversely to any such Credit Party and whichthat, if so determined, could would have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Effective Date there is no Litigation pending or or, to such Credit Party’s knowledge, threatened which that seeks damages in excess of the Dollar Equivalent of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of any of, such Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened in writing against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being that is reasonably likely to be determined adversely to any Credit Party and whichthat, if so determined, could would have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or or, to any Credit Party's knowledge, threatened which that seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Loan Party, threatened against any Credit Loan Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which challenges any Credit Loan Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Loan Party and which, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13)4.13, as of the Closing Date there is no Litigation pending or threatened which seeks damages in excess of $100,000 or injunctive relief or alleges criminal misconduct of any Credit Loan Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "LitigationLITIGATION"), ) that (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could have a Material Adverse Effect. Except as set forth on Disclosure Schedule in DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 or injunctive relief against, or alleges criminal misconduct of by, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), that (a) which challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which has a reasonable risk of being determined adversely to any Credit Party and which, if so determined, could have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which seeks damages in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 1,000,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or threatened which or, to any Credit Party’s knowledge, threatened, that seeks damages (if specified) in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Party's right or power to enter into or perform any of its obligations under the Loan Related Transaction Documents to which it is a party, or the validity or enforceability of any Loan Related Transaction Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party and whichthat, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule DISCLOSURE SCHEDULE (3.13), as of the Closing Date there is no Litigation pending or threatened which that seeks damages in excess of $100,000 50,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Party, threatened against any Credit Party, Party or before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "“Litigation"”), (a) which that challenges any Credit Party's ’s, right or power to enter into or perform any of its obligations under the any Loan Documents Document to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Party Party, and which, if so determined, could reasonably be expected to have a Material Adverse Effect. Except as set forth on in Disclosure Schedule (3.13), as of the Closing Date there is no Litigation pending or to any Credit Party’s knowledge threatened which against any Credit Party that seeks damages in excess of $100,000 500,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Party.

No Litigation. No action, claim, lawsuit, demand, investigation or proceeding is now pending or, to the knowledge of any Credit Loan Party, threatened against any Credit Loan Party, before any Governmental Authority or before any arbitrator or panel of arbitrators (collectively, "Litigation"), (a) which that challenges any Credit Loan Party's right or power to enter into or perform any of its obligations under the Loan Documents to which it is a party, or the validity or enforceability of any Loan Document or any action taken thereunder, or (b) which that has a reasonable risk of being determined adversely to any Credit Loan Party and whichthat, if so determined, could be reasonably be expected to have a Material Adverse Effect. Except as set forth on Disclosure Schedule (3.13), as of the Closing Restatement Date there is no Litigation pending or threatened which or, to any Loan Party's knowledge, threatened, that seeks damages in excess of $100,000 250,000 or injunctive relief against, or alleges criminal misconduct of of, any Credit Loan Party.