Except as set forth on Schedule 3.5 , other than the pending Patent Litigation there are no actions, suits, investigations, claims, or proceedings threatened, pending, or in progress relating in any way to the Company or the Patents. The Company has not received any notice and is not otherwise aware of any claim of a right or interest of any third party, the effect of which if determined adversely, is or would be to reduce, impair or otherwise materially and prejudicially affect the Patent Litigation. The Company is not in default with respect to any judgment, decree, injunction or order of any court, administrative agency or other instrumentality.