Except as shown on Schedule 9.1.17 , there are no proceedings or investigations pending or, to any Obligor’s knowledge, threatened in writing against any Obligor or Subsidiary, or any of their businesses, operations, Properties or conditions, that (a) relate to any Loan Documents or transactions contemplated thereby; (b) as of the Fourth Amendment Closing Date, could reasonably be expected to result in damages or penalties in excess of $10,000,000 (net of insurance proceeds which the Borrowers reasonably believe will cover such claim or claims) or (c) could reasonably be expected to have a Material Adverse Effect.  No Obligor or Subsidiary is in default with respect to any order, injunction or judgment of any Governmental Authority.