Common use of ACTIONS AND SUITS Clause in Contracts

ACTIONS AND SUITS. Except as set forth in the BKFC SEC FILINGS and in the BKFC LETTER, there are no material actions, suits or proceedings or investigations pending or, to the knowledge of BKFC, threatened against or affecting the business, operations or financial condition of BKFC and the BANK in any court or before any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality and 29 30 management of BKFC has no knowledge of any basis for any such action, suit, proceeding or investigation. Except as set forth in the BKFC SEC FILINGS and the BKFC LETTER, BKFC and the BANK are not in default in respect of any judgment, order, writ, injunction or decree of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality.

ACTIONS AND SUITS. Except as set forth in the BKFC SEC FILINGS and in the BKFC LETTER, there are no material actions, suits or proceedings or investigations pending or, to the knowledge of BKFC, threatened against or affecting the business, operations or financial condition of BKFC and the BANK in any court or before any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality and 29 30 management of BKFC has no knowledge of any basis for any such action, suit, proceeding or investigation. Except as set forth in the BKFC SEC FILINGS and the BKFC LETTER, BKFC and the BANK are not in default in respect of any judgment, order, writ, injunction or decree of any court or any federal, state, municipal or other governmental department, commission, board, bureau, agency or instrumentality.