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No Litigation. There shall not be pending or threatened by any Governmental Entity any suit, action or proceeding (or by any other person any suit, action or proceeding which has a reasonable likelihood of success), challenging or seeking to restrain or prohibit the consummation of the Acquisition or any of the other transactions contemplated by this Agreement or seeking to obtain from UBI any damages that are material in relation to UBI.

No Litigation. There shall not be pending or threatened by any Governmental Entity anyis no suit, action or proceeding (or by any other person any suit, action or proceeding which has a reasonable likelihoodinvestigation pending or, to the knowledge of success), challengingUBI, threatened against or seeking to restrain or prohibit the consummation of the Acquisitionaffecting UBI or any basis for any such suit, action, proceeding or investigation that, individually or in the aggregate, could reasonably be expected to have a material adverse effect with respect to UBI or prevent, hinder or materially delay the ability of UBI to consummate the other transactions contemplated by this AgreementAgreement, nor is there any judgment, decree, injunction, rule or seeking to obtain fromorder of any Governmental Entity or arbitrator outstanding against UBI having, or which, insofar as reasonably could be foreseen by UBI, in the future could have, any damages that are material in relation to UBI.such effect.

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