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 is no action, suit or proceeding at law or in equity by or before any court or other Governmental Authority or other agency now pending or threatened in writing against any Borrower or any Property and there is no action, suit or proceeding, at law or in equity, by or before any court or other Governmental Authority or other agency now pending or threatened in writing against any Principal or any Guarantor that has resulted in or could be expected to result in a Material Adverse Change. No Borrower has received any notice, and no Borrower has any knowledge, that any Borrower is in default under the terms of, or in violation of, any order, writ, injunction, decree, regulation or demand of any Governmental Authority.

Litigation. To the knowledge of the Responsible Officers of the Borrower, there are no actions, suits, proceedings, investigations, civil investigative demands, litigations, claims, disputes or proceedings, pending or threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Restricted Subsidiaries or against any of their respective properties or revenues or orders, decrees, judgments, rulings, injunctions, writs, temporary restraining orders or other orders of any nature issued by any court or Governmental Authority that # purport to affect, pertain to or enjoin or restrain the execution, delivery or performance of the Loan Documents, or any of the transactions contemplated hereby or thereby, # either individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect, or # purport to affect the legality, validity or enforceability of the Loan Documents or the consummation of the transactions contemplated hereby and thereby.

SECTION # Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries 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 herby or thereby, or # either individually or in the aggregate, if determined adversely, would reasonably be expected to have a Material Adverse Effect.