This excerpt taken from the INFA 10-Q filed Aug 7, 2008.
Material Contracts”) is a valid and binding agreement of the Acquired Company or a Subsidiary of the Acquired Company, as applicable, enforceable against the Acquired Company or a Subsidiary of the Acquired Company, as applicable, in accordance with its terms and is in full force and effect with respect to the Acquired Company or any of its Subsidiaries, as applicable, and to the Knowledge of Seller, any other party thereto, subject to (i) bankruptcy, insolvency, reorganization, moratorium or similar laws affecting or relating to creditors rights generally, and (ii) the availability of injunctive relief and other equitable remedies. The Acquired Company and its Subsidiaries are in material compliance with and have not materially breached or violated, or defaulted under, or received written notice that they have materially breached or violated, or defaulted under, any Material Contract, nor to the Knowledge of Seller has any party to any Material Contract materially breached or violated, or defaulted under such Material Contract, and to the Knowledge of Seller no event has occurred which with or without the giving of notice or lapse of time, or both, would constitute a material breach or violation of, or default under such Material Contract by the Acquired Company or any of its Subsidiaries or any such other party. To the Knowledge of Seller, none of the Material Contracts is subject to any claims, charges, set offs or defenses. As of the date hereof, there are no new Contracts that are being negotiated and that would be required to be listed on Section 3.14 of the Seller Disclosure Schedule had they been entered into as of the date hereof.
3.15. Litigation. There is no material action, suit or proceeding, claim, arbitration, litigation or formal investigation by or before any Governmental Entity (each, an “