there is no material litigation existing, threatened or pending against the Contractor which may affect its ability to fulfill any of its obligations under this Contract;

​ has not received written notice of any pending litigation affecting ​ or the Property, except as may be set forth on [Exhibit P] attached hereto.

“Proceeding” means any action, audit, lawsuit, litigation, investigation or arbitration (in each case, whether civil, criminal or administrative) pending by or before any Governmental Body or arbitrator.

Except as set forth on [Schedule 9.1(C)] attached hereto and made a part hereof, # there is no litigation, proceeding or investigation pending or, to Sellers’ actual

There is no Proceeding (whether federal, provincial, local or foreign) pending or, to the knowledge of [[Organization B:Organization]], threatened or appealable against or affecting [[Organization B:Organization]] or any of its properties, assets, business or employees. To the knowledge of [[Organization B:Organization]], there is no fact that might result in or form the basis for any such Proceeding. [[Organization B:Organization]] is not subject to any Orders and has not received any written opinion or memorandum or legal advice from their legal counsel to the effect that [[Organization B:Organization]] is exposed, from a legal standpoint, to any liability which would be material to its business. [[Organization B:Organization]] is not engaged in any legal action to recover monies due it or for damages sustained by any of them.

Litigation Cooperation. From the date hereof and continuing through the termination of this Agreement, make reasonably available to Bank during Co-Borrower’s regular business hours, without expense to Bank, Co-Borrower and its officers, employees and agents and Co-Borrower‘s books and records, to the extent that Bank may deem them reasonably necessary to prosecute or defend any third-party suit or proceeding instituted by or against Bank with respect to any Collateral or relating to Co-Borrower.

No Litigation. (i) Other than the Cases, or as stayed upon commencement of the Cases, no litigation, adversary proceeding, suit, action, or proceeding before or by any Governmental Body shall be continuing or, to the knowledge of any Loan Party, threatened in writing against any Loan Party or against the respective officers or directors of any Loan Party # in connection with this Agreement, the Other Documents, or any of the Transactions and which, in the reasonable opinion of [[Organization B:Organization]], is deemed material or # which could, in the reasonable opinion of [[Organization B:Organization]], have a Material Adverse Effect; and # no injunction, writ, restraining order or other order of any nature materially adverse to any Loan Party or the conduct of its respective business or inconsistent with the due consummation the Transactions shall have been issued by any Governmental Body;

Litigation Hold. Executive agrees that during her employment with the Company she was provided with, and became subject to, one or more Company-issued litigation hold notices directing her to preserve specific categories of documents and electronically stored information (“ESI”) that may be potentially relevant to an existing or threatened legal action (“Potential Evidence”). Executive represents and warrants that she will make reasonable and good faith efforts to preserve all Potential Evidence in Executive’s possession, custody or control during the Transition Period and following her employment with the Company. This commitment to preserve Potential Evidence shall extend to any and all ESI (and its metadata) existing on: # any free-standing or networked computer or server in Executive’s personal possession, including any laptop, mobile phone, tablet, digital music device or digital camera and # any device that may store ESI, including internal and external hard or flash disk drives, as well as any optical or magnetic media. Executive further represents and warrants that she will make best efforts to cooperate with the Company in connection with any legal obligation that the Company may have in the future to obtain, review and produce any Potential Evidence in Executive’s possession, custody or control.

No Litigation. Seller is not subject to any outstanding injunction, judgment, order, decree, ruling, or charge, and is not a party to (or threatened to be made a party to) any action, suit, proceeding, hearing, or investigation of, in, or before any court or quasi-judicial or administrative agency of any federal, state, local, or foreign jurisdiction or before any arbitrator. Nor are there any disputes or disagreements with any current, past, or potential clients of Seller.

Litigation Cooperation. Executive agrees to cooperate with the Company, during the Term and thereafter (including following Executive's termination of employment for any reason), by making himself reasonably available to testify on behalf of the Company in any action, suit, or proceeding, whether civil, criminal, administrative, or investigative, and to assist the Company, in any such action, suit, or proceeding, by providing information and meeting and consulting with the Board or its representatives or counsel, or representatives or counsel to the Company, or any Subsidiary as requested; provided, however that the same does not materially interfere with his then current professional activities. The Company agrees to reimburse Executive, on an after-tax basis, for all expenses actually incurred in connection with his provision of testimony or assistance.