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 any of the Transaction Documents 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. 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. There is one action, suit, proceeding at law or in equity, arbitration or administrative or other proceeding by or before any court or any other governmental authority pending, being a suit commenced in the Court of Chancery by The Retreat at Love Creek Homeowners Association, Inc. on August 28, 2020 (the “Retreat Lawsuit”), and there are to the knowledge of Seller no other actions, suits or proceedings threatened against the Company or the Company’s other properties or assets other than the matter disclosed to Buyer prior to the date hereof, being claims of alleged injury with respect to an alleged slip and fall incident at Hart’s Landing on March 13, 2020 (the “Injury Allegation”). Seller has no knowledge of any facts or circumstances that could reasonably be anticipated to give rise to any other such proceeding. Seller specifically represents and warrants, to the best of its knowledge, that Company has no potential liability for actions or omissions by Seller and its other affiliates other than ongoing actions or proceedings identified herein.

Litigation. Prompt written notice of the filing or commencement of, or receipt of any written notice of intention of any Person to file or commence, any action, suit or proceeding, whether at law or in equity or by or before any Governmental Authority, against the Borrower or any of its Subsidiaries, or any material development in any such action, suit, proceeding, that, in either case, could reasonably be expected to result in a liability of the Borrower or any of its Subsidiaries in an aggregate amount exceeding $10,000,000;

Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of any Responsible Officer of a Loan Party, threatened or contemplated, at law, in equity, in arbitration or before any Governmental Authority, against the Borrower or any of its Subsidiaries or against any of its or their properties or revenues that # pertain to this Agreement, any other Loan Document or any of the Transactions or # either individually or in the aggregate could reasonably be expected to have a Material Adverse Effect, except in each case for actions, suits, proceedings, claims or disputes disclosed in public filings made by the Borrower with the SEC prior to the Closing Date (in each case, including any such disclosure in respect of the nature, magnitude or consequences of matters, but excluding any disclosures set forth in the risk factor section or any other section of any such filing to the extent they are cautionary, predictive or forward-looking in nature) or arising from or relating to any restatement of the Borrower’s consolidated financial statements for the quarterly periods ended March 31, 2014 or June 30, 2014.

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.

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. There are no actions, suits or proceedings pending or, to AVANT’s knowledge, threatened, against AVANT before any Governmental authority which question AVANT’s right to enter into or perform this Agreement, or which question the validity of this Agreement or any of the other Transaction Documents.

Litigation. Other than as disclosed on [Schedule 6.1(i)], there are no actions, suits, arbitrations, mediations, investigations or similar proceedings pending, or to Farmor’s knowledge, threatened, with respect to the Joint Operations, the Contract, or the environmental condition of the Contract Area, nor are there any presently outstanding judgments, decrees, injunctions, orders or awards specifically affecting the Joint Operations, the Contract, or the environmental condition of the Contract Area, nor are there any investigation by any Governmental Entity which have been commenced or are pending or threatened in writing against Farmor, which would prevent Farmor from performing its obligation under this Agreement or any other document to which it is a party, or is to become a party, pursuant to this Agreement.

Litigation. Except as previously disclosed to [[Organization C:Organization]] in writing, there are no: # actions, suits or legal, equitable, arbitration or administrative proceedings pending, or to the knowledge of [[Organization B:Organization]], threatened against [[Organization B:Organization]] which, if determined adversely to [[Organization B:Organization]], may have a Material Adverse Effect; or # outstanding or unpaid judgments against [[Organization B:Organization]].