There is no action, suit, proceeding or investigation (“ Action ”) pending or, to the knowledge of DVGG, currently threatened against DVGG or any of its affiliates, that may affect the validity of this Agreement or the right of DVGG to enter into this Agreement or to consummate the transactions contemplated hereby or thereby. There is no Action pending or, to the knowledge of DVGG, currently threatened against DVGG or any of its affiliates, before any court or by or before any governmental body or any arbitration board or tribunal, nor is there any judgment, decree, injunction or order of any court, governmental department, commission, agency, instrumentality or arbitrator against or relating to DVGG or any of its affiliates. Neither DVGG nor any of its affiliates is a party or subject to the provisions of any order, writ, injunction, judgment or decree of any court or government agency or instrumentality. There is no Action by DVGG or any of its affiliates currently pending or which DVGG or any of its affiliates intends to initiate.