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 disclosed the SEC Reports or on [Schedule 3.1(j)], there is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “Action”) which # adversely affects or challenges the legality, validity or enforceability of this Agreement or the Securities or # would, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer (in his or her capacity as such) thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer (in his or her capacity as such). of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.

Litigation. Except as set forth in [Schedule 2.11] of the Company Schedules, there are no claims, suits, actions or proceedings pending or, to the Company’s knowledge, threatened against the Company or any of its Subsidiaries before any court, governmental department, commission, agency, instrumentality or authority, or any arbitrator, in each case that would, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect.

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).

Litigation. Except as set forth in the Reports, there is no pending or, to the best knowledge of ​, threatened action, suit, proceeding or investigation before any court, governmental agency or body, or arbitrator having jurisdiction over ​, or any of its Affiliates that would affect the execution by ​ of, or the performance by ​ of its obligations under, the Transaction Documents. Except as disclosed in the Reports, there is no pending or, to the best knowledge of ​, basis for or threatened action, suit, proceeding or investigation before any court, governmental agency or body, or arbitrator having jurisdiction over ​, or any of its Affiliates which litigation, if adversely determined, would have a Material Adverse Effect.

Litigation. Except for the action described on [Exhibit C] attached hereto, to the best of each Borrower's knowledge, there is no action, suit, investigation or proceeding threatened or pending before any Tribunal against or affecting either Borrower or any properties or rights of any of Borrowers which, if adversely determined, would result in a liability of greater than $250,000.00 or would otherwise result in any Material Adverse Change in the business or condition, financial or otherwise, of Borrowers. Borrowers are not, to the best of their knowledge, in default with respect to any judgment, order, writ, injunction, decree, rule or regulation of any Tribunal.