Common use of Litigation; Observance of Agreements, Statutes and Orders Clause in Contracts

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Parent, the Issuer or any of their Subsidiaries, threatened against or affecting the Parent, the Issuer or any of their Subsidiaries or any property of the Parent, the Issuer or any of their Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. (b) Neither the Parent, the Issuer nor any of their Subsidiaries is (i) in default under any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, Environmental Laws, the USA PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.16), which default or violation could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Parent, the Issuer or any of their SubsidiariesCompany, threatened against or affecting the Parent, the Issuer Company or any of their its Subsidiaries or any property of the Parent, the Issuer Company or any of their its Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that couldAuthority, including, without limitation, matters disclosed in Form 10-Q or Form 10-K filings of the Parent Guarantor that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) Neither the Parent, the Issuer Company nor any of their its Subsidiaries is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) is in violation of any applicable law, ordinance, rule or regulation (including without limitation Environmental Laws or the USA Patriot Act) of any Governmental Authority (including, without limitation, Environmental Laws, the USA PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.16)Authority, which default or violation couldviolation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (a) There Other than as described below and except as disclosed in the Disclosure Documents, there are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Parent, the Issuer or any of their SubsidiariesCompany, threatened against or affecting the Parent, the Issuer Company or any of their Subsidiaries Subsidiary or any property of the Parent, the Issuer Company or any of their Subsidiaries Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that couldthat, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. (b) Neither Except as disclosed in the ParentDisclosure Documents, neither the Issuer Company nor any of their Subsidiaries Subsidiary is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, limitation Environmental Laws, the USA PATRIOT Patriot Act or any of the other laws and regulations that are referred to in Section 5.16), in each case which default or violation couldviolation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge Knowledge of the Parent, the Issuer or any of their Subsidiarieseither Constituent Company, threatened against or affecting the Parent, the Issuer Parent Guarantor or any of their its Significant Subsidiaries or any property of the Parent, the Issuer Parent Guarantor or any of their its Significant Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that couldthat, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. (b) Neither the Parent, the Issuer Parent Guarantor nor any of their its Significant Subsidiaries is (i1) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii2) in violation of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii3) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, Environmental Laws, ERISA, the USA PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.16)) of any Governmental Authority, which default or violation couldviolation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Part A.8 of Annex 3, there are no actions, suits, investigations suits or proceedings pending or, to the best knowledge of the Company or the Parent, the Issuer or any of their Subsidiaries, threatened against or affecting the Parent, the Issuer Parent or any of their the Subsidiaries or any property Property of the Parent, the Issuer Parent or any of their the Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that couldthat, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) Neither the Parent, the Issuer Parent nor any of their the Subsidiaries is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) is in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, Environmental Laws, the USA PATRIOT Act or ) of any of the other laws and regulations that are referred to in Section 5.16)Governmental Authority, which default or violation couldviolation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as set forth in Schedule 5.8, there are no actions, suits, investigations suits or proceedings pending or, to the best knowledge of the ParentCompany, threatened, nor, to the Issuer knowledge of the Company, are there any investigations pending or any of their Subsidiariesthreatened, threatened in each case against or affecting the Parent, the Issuer Company or any of their Subsidiaries Subsidiary or any property of the Parent, the Issuer Company or any of their Subsidiaries Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that couldthat, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. (b) Neither the Parent, the Issuer Company nor any of their Subsidiaries Subsidiary is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) is in violation of any applicable law, ordinance, rule or regulation (including without limitation Environmental Laws or the USA Patriot Act) of any Governmental Authority (including, without limitation, Environmental Laws, the USA PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.16)Authority, which default or violation couldviolation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (a) There except as disclosed in the Disclosure Documents, there are no actions, suits, investigations suits or proceedings pending or, to the best knowledge of the Parent, the Issuer or any of their SubsidiariesCompany, threatened against or affecting the Parent, the Issuer Company or any of their its Subsidiaries or any property of the Parent, the Issuer Company or any of their its Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that couldthat, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) Neither Except as disclosed in the ParentDisclosure Documents, neither the Issuer Company nor any of their its Subsidiaries is (i) in default under any term of any agreement or instrument to which it is they are a party or by which it is they are bound, (ii) is in violation default under any term of any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) is in violation of any applicable law, ordinance, rule or regulation (including without limitation Environmental Laws) of any Governmental Authority (including, without limitation, Environmental Laws, the USA PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.16)Authority, which default or violation couldviolation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in Schedule 5.8, there are no actions, suits, investigations suits or proceedings pending or, to the best knowledge of the Parent, the Issuer or any of their SubsidiariesCompany, threatened against or affecting the Parent, the Issuer Company or any of their Subsidiaries Subsidiary or any property of the Parent, the Issuer Company or any of their Subsidiaries Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that couldthat, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) Neither Except with respect to the Parent1997 Credit Agreement (as defined in the Bank Credit Agreements) and the Existing Note Agreements, neither the Issuer Company nor any of their Subsidiaries Subsidiary is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) is in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, Environmental Laws, the USA PATRIOT Act or ) of any of the other laws and regulations that are referred to in Section 5.16)Governmental Authority, which default or violation couldviolation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as is disclosed in the Company’s Form 10-K for its fiscal year ending December 31, 2007 or any Form 10-Q filed by the Company subsequent thereto, there are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Parent, the Issuer or any of their SubsidiariesCompany, threatened against or affecting the Parent, the Issuer Company or any of their Subsidiaries Subsidiary or any property of the Parent, the Issuer Company or any of their Subsidiaries Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that couldthat, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) Neither the Parent, the Issuer Company nor any of their Subsidiaries Subsidiary is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) is in violation of any applicable law, ordinance, rule or regulation (including without limitation Environmental Laws) of any Governmental Authority (including, without limitation, Environmental Laws, the USA PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.16)Authority, which default or violation couldviolation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as is disclosed in the Company’s Form 10-K for its fiscal year ending December 31, 2009 or any Form 10-Q filed by the Company subsequent thereto, there are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Parent, the Issuer or any of their SubsidiariesCompany, threatened against or affecting the Parent, the Issuer Company or any of their Subsidiaries Subsidiary or any property of the Parent, the Issuer Company or any of their Subsidiaries Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that couldthat, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) Neither the Parent, the Issuer Company nor any of their Subsidiaries Subsidiary is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) is in violation of any applicable law, ordinance, rule or regulation (including without limitation Environmental Laws) of any Governmental Authority (including, without limitation, Environmental Laws, the USA PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.16)Authority, which default or violation couldviolation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Parent, the Issuer or any of their SubsidiariesCompany, threatened against or affecting the Parent, the Issuer Company or any of their its Subsidiaries or any property of the Parent, the Issuer Company or any of their its Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that couldAuthority, including, without limitation, matters disclosed in Form 10-Q or Form 10-K filings of the Parent Guarantor that, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) Neither the Parent, the Issuer Company nor any of their its Subsidiaries is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) is in violation of any applicable law, ordinance, rule or regulation (including without limitation Environmental Laws or the USA Patriot Act) of any Governmental Authority (including, without limitation, Environmental Laws, the USA PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.16)Authority, which default or violation couldviolation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.. Mid-America Apartments, L.P. Note Purchase Agreement

Litigation; Observance of Agreements, Statutes and Orders. (a) There are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Parent, the Issuer or any of their SubsidiariesCredit Party, threatened against or affecting the ParentParent Guarantor, the Issuer Company or any of their respective Subsidiaries or any property of the ParentParent Guarantor, the Issuer Company or any of their respective Subsidiaries in any court or before any arbitrator of any kind or before or by any Governmental Authority that couldthat, if adversely determined, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. (b) Neither None of the ParentParent Guarantor, the Issuer nor Company or any of their respective Subsidiaries is (i) in default under any term of any material agreement or instrument to which it is a party or by which it is bound, (ii) in violation of or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority by which it is bound, or (iii) is in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, Environmental Laws, Laws or the USA PATRIOT Act or Patriot Act) of any of the other laws and regulations that are referred to in Section 5.16)Governmental Authority, which default or violation couldviolation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as described in Schedule 5.8 attached hereto, there are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Parent, the Issuer or any of their Subsidiaries, Securitization Parties threatened against or affecting the Parent, the Issuer Securitization Parties or any of their Subsidiaries Subsidiary or any property of the Parent, the Issuer any Securitization Party or any of their Subsidiaries Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect. (b) Neither the ParentNo Securitization Party, the Issuer nor or any of their Subsidiaries Subsidiary is (i) in default under any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of any order, judgment, decree or ruling of any court, any arbitrator of any kind or any Governmental Authority or (iii) in violation of any applicable law, ordinance, rule or regulation of any Governmental Authority (including, without limitation, Environmental Laws, the USA PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.165.16 hereof), which default or violation could, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in the Company’s Form 10-K for the year ended December 31, 2006 or the Company’s Form 10-Q for the quarter ended March 31, 2007, there are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Parent, the Issuer or any of their SubsidiariesCompany, threatened against or affecting the Parent, the Issuer Company or any of their Subsidiaries Subsidiary or any property of the Parent, the Issuer Company or any of their Subsidiaries Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that couldthat, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect. (b) Neither the Parent, the Issuer Company nor any of their Subsidiaries Subsidiary is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) is in violation of any applicable law, ordinance, rule or regulation (including without limitation Environmental Laws or the USA Patriot Act) of any Governmental Authority (including, without limitation, Environmental Laws, the USA PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.16)Authority, which default or violation couldviolation, individually or in the aggregate, could reasonably be expected to have a Material Adverse Effect.

Litigation; Observance of Agreements, Statutes and Orders. (a) There Except as disclosed in the Offering Memorandum, there are no actions, suits, investigations or proceedings pending or, to the best knowledge of the Parent, the Issuer or any of their SubsidiariesCompany, threatened in writing against or affecting the ParentHoldings, the Issuer Company or any of their Subsidiaries Restricted Subsidiary or any property of the ParentHoldings, the Issuer Company or any of their Subsidiaries Restricted Subsidiary in any court or before any arbitrator of any kind or before or by any Governmental Authority that couldthat, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect. (b) Neither the ParentNone of Holdings, the Issuer nor Company or any of their Subsidiaries Restricted Subsidiary is (i) in default under any term of any agreement or instrument to which it is a party or by which it is bound, (ii) in violation of or any order, judgment, decree or ruling of any court, arbitrator or Governmental Authority or (iii) is in violation of any applicable law, ordinance, rule or regulation (including without limitation Environmental Laws and the USA PATRIOT Act) of any Governmental Authority (including, without limitation, Environmental Laws, the USA PATRIOT Act or any of the other laws and regulations that are referred to in Section 5.16)Authority, which default or violation couldviolation, individually or in the aggregate, would reasonably be expected to have a Material Adverse Effect.