Common use of Litigation or Investigations Clause in Contracts

Litigation or Investigations. Within ten (10) days after the end of each month a statement describing any litigation, investigation, proceedings or claims pending or to each Borrower's or Guarantor's knowledge, as applicable, threatened against each Borrower and each Guarantor that could have a material adverse effect on Borrower's ability to perform its obligations under the Loan Documents (to the extent not previously disclosed to CapitalSource unless there has been a material change in the status of such litigation, investigations, proceedings or claims previously disclosed to CapitalSource, in which case the previous disclosure shall be updated accordingly).