No Litigation or Proceeding. No litigation or proceeding of or before any arbitrator or Governmental Authority is pending or, to the Equity Investor’s knowledge, threatened against or affecting the Equity Investor or against or affecting any of its properties or assets or the transactions contemplated by this Agreement and the other Transaction Documents to which it is a party, which would reasonably be expected to have a Material Adverse Effect.
Appears in 2 contracts
Sources: Equity Commitment Agreement (Dynegy Holdings Inc), Equity Commitment Agreement (Dynegy Holdings Inc)