Except as set forth on Schedule 3.6 , as of the Closing Date, and except as hereafter disclosed to Agent in writing, there is no Litigation or governmental proceedings pending against, or to Borrower's Knowledge threatened against or affecting, Borrower, and there is no Litigation or governmental proceedings pending in which an adverse decision could reasonably be expected to have a Material Adverse Effect on Borrower or which in any manner draws into question the validity of any of the Financing Documents.