Absence of Litigation. With respect to such Stockholder, as of the date hereof, there is no Proceeding pending against, or, to the knowledge of such Stockholder, threatened against such Stockholder or any of such Stockholder’s properties or assets (including any shares of Company Common Stock or Company Stock Options beneficially owned by such Stockholder) that would reasonably be expected to prevent or materially delay or materially impair such Stockholder’s ability to timely perform its obligations or the consummation by such Stockholder of the transactions contemplated by this Agreement.

Absence of Litigation. Except as set forth in the SEC Documents, there is no action, suit, claim, proceeding, inquiry or investigation before or by any court, public board, government agency, self-regulatory organization or body pending or, to the knowledge of the Company or any of its Subsidiaries, threatened against or affecting the Company or any of its Subsidiaries, or their officers or directors in their capacity as such, that could have a Material Adverse Effect. The Company and its Subsidiaries are unaware of any facts or circumstances which might give rise to any of the foregoing.

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 Restricted Subsidiary or against any of their properties or revenues that # purport to affect or pertain to this Agreement, any other Loan Document or the consummation of the transactions contemplated by this Agreement or any other Loan Document, or # except as specifically disclosed on [Schedule 6.06] (the “Disclosed Litigation”), either individually or in the aggregate, if determined adversely, could reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions, suits, arbitrations, investigations (including, without limitation, any of the foregoing which are pending or, to [[Organization C:Organization]]’s knowledge, threatened) or, to the knowledge of the [[Organization C:Organization]], other legal or arbitrable proceedings affecting [[Organization C:Organization]] or any of its Subsidiaries or affecting any of the Repurchase Assets or any of the other properties of [[Organization C:Organization]] before any Governmental Authority which # questions or challenges the validity or enforceability of the Program Documents or any action to be taken in connection with the transactions contemplated hereby, # except as disclosed to [[Organization B:Organization]], makes a claim or claims in an aggregate amount greater than the Litigation Threshold, # individually or in the aggregate, if adversely determined, would be reasonably likely to have a Material Adverse Effect or # requires filing with the SEC in accordance with its regulations.

Litigation. No action, suit or proceeding shall have been instituted before any court or governmental or regulatory body or instituted or threatened by any governmental or regulatory body to restrain, modify or prevent the carrying out of the Transactions or to seek damages or a discovery order in connection with such Transactions, or which has or may have, in the reasonable opinion of [[Organization A:Organization]] or the ​, a materially adverse effect on the assets, properties, business, operations or condition (financial or otherwise) of the ​.

Litigation. Except as set forth in [Schedule 3.10] of the BRPA Schedules, there are no, and have never been any, claims, suits, actions or proceedings pending or, to BRPA’s knowledge, threatened against BRPA or Merger Sub before any court, governmental department, commission, agency, instrumentality or authority, or any arbitrator.

Litigation. Subject to [Section 14.4], any dispute that is not resolved pursuant to [Section 14.5.1] may be submitted for resolution by a court of competent jurisdiction.

Litigation. There are no actions, suits or proceedings at law or in equity or as arbitration or mediation proceedings, whether by or before any Governmental Authority or other agency, now pending or (to ​’s knowledge) threatened in writing against or affecting ​, any ​ Party or the Property, which actions, suits or proceedings, if determined against such Person or the Property, could reasonably be expected to materially adversely affect # ​’s title to the Property, # the validity or enforceability of the Loan Documents, # ​’s ability to perform under the Loan Documents, # Guarantor’s ability to perform under the Guaranty and Environmental Indemnity, # the principal benefit of the security intended to be provided by the Loan Documents, # the condition, operation, value, ownership or use of the Property, or # the current ability of the Property to generate net cash flow sufficient to service the Loan or # the condition (financial or otherwise) or business of ​ or any ​ Party.

Litigation. There shall not exist any action, suit, investigation or proceeding pending or, to the knowledge of a Responsible Officer of the Parent Borrower, threatened in any court or before an arbitrator or Governmental Authority that would reasonably be expected to have a Material Adverse Effect.

Litigation. There are no actions or proceedings pending or, to the knowledge of any Responsible Officer, threatened in writing by or against Co-Borrower or any of its Subsidiaries involving more than, individually or in the aggregate, Five Hundred Thousand Dollars ($500,000).