Section # Litigation. There is no material litigation at law or in equity and no proceedings before any commission or other administrative authority (“Litigation”) pending or to Borrower’s knowledge threatened against or affecting the Property or the Project, except as disclosed to and approved in writing by Lender. There is no material Litigation currently contemplated, threatened, or pending by Borrower against any entity or person which would have a material effect on Lender, this Agreement, the LOC, or the transactions contemplated hereunder. Borrower’s failure to timely disclose to Lender any Litigation that is pending, threatened or contemplated by Borrower as of the date of Borrower’s execution of the LOC Documents shall constitute a material breach of this Agreement and shall justify Lender’s excuse from performance of any terms hereof, including funding of any Advance, until Lender is satisfied that such Litigation has been resolved in Lender’s sole but reasonable discretion.

SECTION # Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that # purport to affect or pertain to this Agreement, any other Loan Document, or the consummation of the transactions contemplated herby or thereby, or # either individually or in the aggregate, if determined adversely, would reasonably be expected to have a Material Adverse Effect.

SECTION #6Litigation. There are no actions, suits, proceedings, claims or disputes pending or, to the knowledge of the Borrower, threatened in writing, at law, in equity, in arbitration or before any Governmental Authority, by or against the Borrower or any of its Subsidiaries or against any of their properties or revenues that # purport to affect or pertain to this Agreement, any other Loan Document, or the consummation of the transactions contemplated herby or thereby, or # either individually or in the aggregate, if determined adversely, would reasonably be expected to have a Material Adverse Effect.