Except as set forth on Schedule 3.06 , other than the Chapter 11 Cases (which term shall, for the avoidance of doubt, not include any adversary proceeding commenced against any DIP Loan Party on or after the Petition Date), there is no pending (or, to the knowledge of any Group Member, threatened in writing) action, investigation, suit, proceeding, audit, claim, written demand, order, or dispute to which the Borrower or any of its Subsidiaries is a party with, by, or before any Governmental Authority, other than those that, if adversely determined, could not, either individually or in the aggregate, reasonably be expected to have or result in a Material Adverse Effect.