Litigation and Contingent Obligations. Except as set forth on [Schedule 6.7] hereto, there is no litigation, arbitration, governmental investigation, proceeding or inquiry pending, or, to the knowledge of any of their officers, threatened against or affecting the Company or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of the Loans or Advances. As of the Restatement Effective Date, other than any liability incident to such litigation, arbitration or proceedings, the Company and its Subsidiaries have no material Contingent Obligations not provided for or disclosed in the financial statements referred to in [Section 6.4].

Contingent Obligations. The Company will not, nor will it permit any Subsidiary to, make or suffer to exist any Contingent Obligation (including, without limitation, any Contingent Obligation with respect to the obligations of a Subsidiary) in respect of any Indebtedness except in connection with Indebtedness which if directly incurred by the Company or such Subsidiary, as applicable, would not result in a violation of [Sections 7.3(A) or 7.4]4].

Refinancing Debt as long as each Refinancing Condition is satisfied;

Litigation and Contingent Obligations

Section # Contingent Obligations. Other than any # liability incident to any pending litigation, arbitration or proceedings and # contingent obligations that, individually or in the aggregate, could not reasonably be expected to result in a Material Adverse Effect, neither the Company nor any Consolidated Subsidiary has contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

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. Except as described on [Schedule 3.15], there is no # Action of any nature pending or, to the Knowledge of the Company, threatened, nor, to the Knowledge of the Company, is there any reasonable basis for any Action to be made, or # Order pending now or rendered by a Governmental Authority since the Company’s inception, in either case of clauses (a) or (b), by or against the Company, any of its current or former directors, officers or equity holders (provided, that any litigation involving the directors, officers or equity holders of the Company must be related to the Company’s business or assets or the Purchased Shares), the Company’s business or assets or the Purchased Shares. Since the Company’s inception, the Company’s current or former officers, senior management or directors have not been charged with, indicted for, arrested for, or convicted of any felony or any crime involving fraud.