Litigation. There is no pending or (to [[Organization A:Organization]]’s knowledge) threatened proceeding by or before any Official Body against or affecting [[Organization A:Organization]] which if adversely decided would have a material adverse effect on the business, operations or condition, financial or otherwise, of [[Organization A:Organization]] or on the ability of [[Organization A:Organization]] to perform its obligations under the Loan Documents.

the commencement, existence or threat of any proceeding by or before any Official Body against or affecting [[Organization A:Organization]] which, if adversely decided, would have a material adverse effect on the business, operations or condition, financial or otherwise, of [[Organization A:Organization]] or on its ability to perform its obligations under the Loan Documents.

Section # Litigation. Except as described in [Schedule 4.06], as of the Effective Date, there is no litigation or other legal proceedings pending, or, to the knowledge of the [[Organization A:Organization]], threatened against either of the [[Organization A:Organization]] or [[Organization C:Organization]] or their respective Subsidiaries that if determined adversely to the [[Organization A:Organization]] or [[Organization C:Organization]] or any of their respective Subsidiaries could reasonably be expected to have a material adverse effect on the business, properties or financial condition of the [[Organization A:Organization]], [[Organization C:Organization]] and their Subsidiaries, taken as a whole, or to materially impair the right of either of the [[Organization A:Organization]] or [[Organization C:Organization]] to carry on its business substantially as now conducted by it. There is no litigation or other legal proceedings pending, or, to the knowledge of the [[Organization A:Organization]], threatened against either the [[Organization A:Organization]], [[Organization C:Organization]] or any of their respective Subsidiaries that if determined adversely to the [[Organization A:Organization]], [[Organization C:Organization]] or any of their respective Subsidiaries could reasonably be expected to question the validity of this Agreement or any of the other Loan Documents or the [[Organization C:Organization]] Guarantee, or any actions taken or to be taken pursuant hereto or thereto.

There is no pending (or, to the [[Organization A:Organization]]’s knowledge, threatened) action or proceeding against the [[Organization A:Organization]] or any of its Subsidiaries before any court, governmental agency or arbitrator, in which there is likely to be an adverse decision that # would have a material adverse effect on the business, condition (financial or otherwise) or results of operations of the [[Organization A:Organization]] and its Subsidiaries, taken as a whole, except as disclosed in filings made by the [[Organization A:Organization]] with the Securities and Exchange Commission on or before the date that is five days prior to the date hereof, or # purports to affect the legality, validity, binding effect or enforceability of this Agreement or any other Loan Document.

Section # Litigation. There is no pending or, to the knowledge of the [[Organization A:Organization]] or theany Guarantor, threatened action or proceeding affecting the [[Organization A:Organization]] or any of its Significant Subsidiaries before any court, governmental agency or arbitrator, which has, or would reasonably be expected to have, a Material Adverse Effect.

There is no action, suit, proceeding or investigation pending or, to the [[Organization A:Organization]]’s knowledge, threatened against the [[Organization A:Organization]] in any court or by or before any other governmental agency or instrumentality which would materially and adversely affect the validity of the Mortgage Loans or the ability of the [[Organization A:Organization]] to carry out the transactions contemplated by each Operative Document;