Absence of Litigation. There shall be no action, suit, proceeding or investigation by a Governmental Authority pending or currently threatened in writing against the Company or the Investor # that questions # the validity of this Agreement or # the right of the Company or the Investor to enter into this Agreement or to consummate the transactions contemplated hereby or thereby or # which, if determined adversely, would impose substantial monetary damages on the Company or the Investor as a result of the consummation of the transactions contemplated by this Agreement.
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