Common use of Litigation; Compliance with Laws Clause in Contracts

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of the Borrower, threatened in writing against any Loan Party or any Restricted Subsidiary or any business, property or rights of any such Person that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. (b) None of the Loan Parties or any Restricted Subsidiary or any of their respective material properties is in violation of any applicable law, rule or regulation, or is in default with respect to any judgment, writ, injunction, decree or order of any Governmental Authority, where any such violation or default could reasonably be expected to result in a Material Adverse Effect.

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of the Borrower, threatened in writing against any Loan Party the Borrower or any Restricted Subsidiary or any business, property or rights of any such Person that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. (b) None of the Loan Parties Borrower or any of its Restricted Subsidiary Subsidiaries or any of their respective material properties is in violation of any applicable law, rule or regulation, or is in default with respect to any judgment, writ, injunction, decree or order of any Governmental Authority, where any such violation or default could reasonably be expected to result in a Material Adverse Effect.

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of the BorrowerBorrowers, threatened in writing against any Loan Party or any Restricted Subsidiary or any business, property or rights of any such Person that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. (b) None of the Loan Parties or any Restricted Subsidiary or any of their respective material properties is in violation of any applicable law, rule or regulation, or is in default with respect to any judgment, writ, injunction, decree or order of any Governmental Authority, where any such violation or default could reasonably be expected to result in a Material Adverse Effect.

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of the Borrower, threatened in writing against any Loan Party the Borrower or any Restricted Subsidiary or any business, property or rights of any such Person that could would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. (b) None of the Loan Parties Borrower or any of its Restricted Subsidiary Subsidiaries or any of their respective material properties is in violation of any applicable law, rule or regulation, or is in default with respect to any judgment, writ, injunction, decree or order of any Governmental Authority, where any such violation or default could would reasonably be expected to result in a Material Adverse Effect.

Litigation; Compliance with Laws. (ai) Except as set forth on Schedule 3.09disclosed in Performance Guarantor’s November 30, 2010 financial statements, there are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of the Borrowerany Originator, threatened in writing against any Loan Party or any Restricted Subsidiary such Originator or any business, property or rights of any such Person that could is reasonably likely to be expectedadversely determined, individually or in the aggregate, to result in and which determination would have a Material Adverse Effect. (bii) None Neither any of the Loan Parties or any Restricted Subsidiary Originators or any of their respective material properties is in violation of any applicable law, rule or regulation, or is in default with respect to any judgment, writ, injunction, decree or order of any Governmental Authority, where any such violation a breach of which, individually or default could reasonably be expected to result in the aggregate, would have a Material Adverse Effect.

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of the Borrower, threatened in writing against any Loan Party the Borrower or any Restricted Subsidiary or any business, property or rights of any such Person that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. (b) None of the Loan Parties or Borrower, any of its Restricted Subsidiary or Subsidiaries and any of their respective material properties is in violation of any applicable law, rule or regulation, or is in default with respect to any judgment, writ, injunction, decree or order of any Governmental Authority, where any such violation or default could reasonably be expected to result in a Material Adverse Effect.

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of the Borrower, threatened in writing against any Loan Party or any Restricted Subsidiary or any business, property or rights of any such Person that has a reasonable likelihood of adverse determination and such adverse determination could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. (b) None of the Loan Parties or any Restricted Subsidiary or any of their respective material properties is in violation of any applicable law, rule or regulation, or is in default with respect to any judgment, writ, injunction, decree or binding order of any Governmental Authority, where any such violation or default could reasonably be expected to result in a Material Adverse Effect.

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of the BorrowerBorrowers, threatened in writing against any Loan Party or any Restricted Subsidiary or any business, property or rights of any such Person that could reasonably be expected, individually or in the aggregate, to result have an adverse determination resulting in a Material Adverse Effect. (b) None of the Loan Parties or any Restricted Subsidiary or any of their respective material properties is in violation of any applicable law, rule or regulation, or is in default with respect to any judgment, writ, injunction, decree or order of any Governmental Authority, where any such violation or default could reasonably be expected to result in a Material Adverse Effect.

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of the Borrower, threatened in writing against any Loan Party or any Restricted Subsidiary or any business, property or rights of any such Person that could reasonably be expected, individually or in the aggregate, to result have an adverse determination resulting in a Material Adverse Effect. (b) None of the Loan Parties or any Restricted Subsidiary or any of their respective material properties is in violation of any applicable law, rule or regulation, or is in default with respect to any judgment, writ, injunction, decree or order of any Governmental Authority, where any such violation or default could reasonably be expected to result in a Material Adverse Effect.

Litigation; Compliance with Laws. (ai) Except as set forth on Schedule 3.09, there are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of the Borrower, threatened in writing against any Loan Party or any Restricted Subsidiary or any business, property or rights of any such Person that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. (bii) None of the Loan Parties or any Restricted Subsidiary or any of their respective material properties is in violation of any applicable law, rule or regulationLaw, or is in default with respect to any judgment, writ, injunction, decree or order of any Governmental Authority, where any such violation or default could reasonably be expected to result in a Material Adverse Effect.

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of the BorrowerBorrowers, threatened in writing against any Loan Party or any Restricted Subsidiary or any business, property or rights of any such Person that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. (b) . None of the Loan Parties or any Restricted Subsidiary or any of their respective material properties is in violation of any applicable law, rule or regulation, or is in default with respect to any judgment, writ, injunction, decree or order of any Governmental Authority, where any such violation or default could reasonably be expected to result in a Material Adverse Effect.

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of the Borrower, threatened in writing against any Loan Party the Borrower or any Restricted Subsidiary or any business, property or rights of any such Person that could would reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. (b) None of the Loan Parties Borrower or any of its Restricted Subsidiary Subsidiaries or any of their respective material properties is in violation of any applicable law, rule or regulation, or is in default with respect to any 105 judgment, writ, injunction, decree or order of any Governmental Authority, where any such violation or default could would reasonably be expected to result in a Material Adverse Effect.

Litigation; Compliance with Laws. (a) Except as set forth on in Schedule 3.09, there are no not any actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of the Borrower, threatened in writing against any Loan Party or affecting the Borrower or any Restricted Subsidiary or any business, property or rights of any such Person that could reasonably (i) which involve any Loan Document or the Transactions or (ii) which would be expected, individually or in the aggregate, materially likely to result in a Material Adverse Effect. (b) None Neither the Borrower nor any of the Loan Parties or any Restricted Subsidiary or any of their respective material properties Subsidiaries is in violation of any applicable law, rule or regulation, or is in default with respect to any judgment, writ, injunction, injunction or decree or order of any Governmental Authority, where any such violation or default could reasonably would be expected materially likely to result in a Material Adverse Effect.. 44

Litigation; Compliance with Laws. (a) Except as set forth on Schedule 3.09, there There are no actions, suits or proceedings at law or in equity or by or before any Governmental Authority now pending or, to the knowledge of the US Borrower, threatened in writing against any Loan Party the US Borrower or any Restricted Subsidiary or any business, property or rights of any such Person that could reasonably be expected, individually or in the aggregate, to result in a Material Adverse Effect. (b) None of the Loan Parties US Borrower or any of its Restricted Subsidiary Subsidiaries or any of their respective material properties is in violation of any applicable law, rule or regulation, or is in default with respect to any judgment, writ, injunction, decree or order of any Governmental Authority, where any such violation or default could reasonably be expected to result in a Material Adverse Effect.