Common use of Pending and Threatened Litigation Clause in Contracts

Pending and Threatened Litigation. Except as set forth on Schedule 5.11 hereto, Neither Holdings nor any Joint Issuer is a party to any litigation that is pending or to the knowledge of any Joint Issuer, threatened, which is likely to be determined adversely to Holdings or that Joint Issuer and, which, if so determined, would have a Material Adverse Effect.

Pending and Threatened Litigation. Except as set forth on Schedule 5.11 hereto, Neither Holdings nor any Joint Issuer is a party to any litigation that is pending or to the knowledge of any Joint Issuer, threatened, which is likely to be determined adversely to Holdings or that Joint Issuer and, which, if so determined, would have a Material Adverse Effect.