To Purchaser's knowledge, no investigation, action or proceeding is currently pending against Purchaser or relating to the Asset for which Purchaser has been served with service of process that satisfies any of clauses (i), (ii), or (iii) below in this Section 4.4(d). To Purchaser's knowledge, Purchaser has not received any written notice threatening an investigation, action or proceeding against Purchaser or relating to the Asset that (i) if determined adversely to Purchaser would materially and adversely affect the use or value of the Asset, (ii) questions the validity of this Agreement or any action taken or to be taken by Purchaser pursuant to this Agreement, or (iii) could materially and adversely affect the ability of the Purchaser to perform its obligations hereunder, or under any document to be delivered pursuant hereto.