Litigation. Except as set forth in [Schedule 3.10] of the BRPA Schedules, there are no, and have never been any, claims, suits, actions or proceedings pending or, to BRPA’s knowledge, threatened against BRPA or Merger Sub before any court, governmental department, commission, agency, instrumentality or authority, or any arbitrator.

Litigation. There are no actions, suits or proceedings at law or in equity or as arbitration or mediation proceedings, whether by or before any Governmental Authority or other agency, now pending or (to ​’s knowledge) threatened in writing against or affecting ​, any ​ Party or the Property, which actions, suits or proceedings, if determined against such Person or the Property, could reasonably be expected to materially adversely affect # ​’s title to the Property, # the validity or enforceability of the Loan Documents, # ​’s ability to perform under the Loan Documents, # Guarantor’s ability to perform under the Guaranty and Environmental Indemnity, # the principal benefit of the security intended to be provided by the Loan Documents, # the condition, operation, value, ownership or use of the Property, or # the current ability of the Property to generate net cash flow sufficient to service the Loan or # the condition (financial or otherwise) or business of ​ or any ​ Party.

Litigation. ​ shall give prompt notice to ​ of any litigation or governmental proceedings pending or threatened in writing against ​ or any ​ Party, or with respect to the Property, which could reasonably be expected to materially adversely affect the condition (financial or otherwise) or business of ​ or any ​ Party, or the Property.

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

Litigation. There are no actions or proceedings pending or, to the knowledge of any Responsible Officer, threatened in writing by or against Co-Borrower or any of its Subsidiaries involving more than, individually or in the aggregate, Five Hundred Thousand Dollars ($500,000).

Litigation. Except as previously disclosed to Lender or as disclosed in any of Borrower's filings with the Securities and Exchange Commission relating to the Recapitalization Transaction, on the Effective Date, no litigation by any entity (private or governmental) shall be pending or, to the knowledge of Borrower or any of its Subsidiaries, threatened with respect to this Agreement or any other Credit Document or any documentation executed in connection herewith or therewith, or with respect to the Transaction that has had, or could reasonably be expected to have, a Material Adverse Effect.

Litigation. There shall not exist any pending or threatened action, suit, investigation or proceeding in any court or before any arbitrator or Governmental Authority against a Credit Party or any of its Subsidiaries that would have or would reasonably be expected to have a Material Adverse Effect.

Other than proceedings by Corning Natural Gas with the New York Public Sevice Commission and its staff, proceedings by Pike County with the Pennsylvania Public Utility Commission, proceedings with the Federal Energy Regulatory Commission, applications and proceedings with various municipal bodies with respect to permits, franchises, rights-of-way and similar actions in the ordinary course of business, of which the material applications and proceedings are listed on [Schedule 3.11] hereof, there is no action, suit, investigation or proceeding (whether or not purportedly on behalf of the Company or any of the Subsidiaries) before or by any court or governmental agency or body, domestic or foreign, now pending or, to the knowledge of the Company, threatened against or affecting the Company or any of the Subsidiaries, which in the aggregate, could reasonably be expected to have a Material Adverse Effect or materially impair the Company’s ability to perform its obligations under this Agreement.

Litigation. There is no Action pending or, to the knowledge of Patriot and the Bank, threatened in writing (nor to the knowledge of Patriot and the Bank, are there any facts which could lead to such an Action) against Patriot or the Bank, at law or in equity, before any Governmental Entity that challenges the Merger or the validity of this Agreement, or the right of Patriot or the Bank to enter into this Agreement, or to consummate the transactions contemplated hereby.

Litigation. (a) ​ has not received any written notice of any current or pending litigation against ​ relating to any of the Properties and # to ​’s knowledge, there is no threatened litigation # against ​ which challenges or impairs ​’s ability to execute or perform its obligations under this Agreement or # relating to any of the Properties .