Except as set forth in the Borrower’s filings with the SEC prior to the ARCA Effective Date or as otherwise disclosed in writing prior to the ARCA Effective Date to the Administrative Agent for distribution to the Lenders, there are no actions, suits or proceedings pending or, to the Knowledge of Borrower, threatened in writing against Borrower, any of its Subsidiaries or against any of their respective properties or assets which would reasonably expected to have (individually or collectively) a Material Adverse Effect.